Ex parte MOLLOY et al. - Page 2




          Appeal No. 95-1360                                                          
          Application No. 08/134,002                                                  


          final rejection of claims 1-15, all of the claims pending in                
          the application.  The claims are directed to a controlled set               
          cement product comprising rapid hardening hydraulic cement and              
          an additive package.  Claim 1 is representative of the subject              
          matter on appeal and reads as follows:                                      
               1.  A controlled set cement product comprising rapid                   
          hardening hydraulic cement and an additive package of three                 
          materials wherein the additive package consists essentially                 
          of, based on the weight of cement:                                          
          Material                   Weight Percent                                   
          pozzolan                   up to 20%                                        
                                                                                     
          set retarder               up to 4%                                         
          plasticizer                up to 3%                                         
               wherein all three materials are present in the additive                
          package.                                                                    
               The prior art relied upon by the examiner is:                          
          Watanabe et al. (Watanabe)  4,861,378       Aug. 29, 1989                   
          Mimura et al. (JP '127)     51-65127        June  5, 1976                   
          (Japanese Kokai)                                                            
               The following rejections are at issue in this appeal:                  
               (1) Claims 1-6 are rejected under 35 U.S.C. § 103 as                   
          being unpatentable over Watanabe.                                           
               (2) Claims 7-15 are rejected under 35 U.S.C. § 103 as                  
          being unpatentable over the combination of  Watanabe and JP                 
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