Appeal No. 95-1360
Application No. 08/134,002
Type II anhydrous calcium sulfate. The rapid
hardening is accompanied by rapid heat evolution so
that the effect of the organic acids and salts
thereof in decreasing the amount of water necessary
for cement hydration and in improving the strength
is lost.
In view of the teachings in Watanabe, one having ordinary
skill in the art would have recognized that the disclosed
additive would not have been effective in cements containing
calcium sulphoaluminate compounds such as the rapid hardening
hydraulic cement of the claimed invention (Brief, p. 7).
Therefore, we agree with appellants that Watanabe teaches away
from using the claimed additive package in a rapid hardening
hydraulic cement (Brief, p. 5). Compare Gillette Co. v. S.C.
Johnson & Son, Inc., 919 F.2d 720, 724, 16 USPQ2d 1923, 1927
(Fed. Cir. 1990) (the closest prior art reference “would
likely discourage the art worker from attempting the
substitution suggested”).
For the reasons set forth above, the decision of the
examiner is REVERSED.
REVERSED
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