Appeal No. 1997-2071
Application No. 08/336,529
reinforced concrete compositions (column 6, lines 16-21).
Smith further teaches that the ingredients of the admixture
are suspended or dissolved in the concrete mixture by
sufficient agitation or stirring (column 7, lines 56-64).
Valle similarly discloses adding admixtures to concrete
compositions (column 1, lines 21-26), including fungicidal,
germicidal and insecticidal admixtures (column 5, line 67-
column 6, line 4). Valle further teaches that the admixture
is uniformly distributed in the concrete mixture (column 3,
lines 4-10).
Smith and Valle do not disclose or teach the method of
producing the concrete product as claimed by appellant (e.g.,
see claim 18). However, with regard to claims 1, 43, and 44
on appeal, appellant is claiming a product. The examiner
should compare the scope of the independent product claims,
and claims dependent thereon, with the product disclosed by
the prior art Smith and Valle references. If the prior art
discloses a product that appears to be either identical with
or only slightly different from the products claimed, a
rejection is proper. Fitzgerald, 619 F.2d at 70, 205 USPQ at
596; see also In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655,
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