Appeal No. 1996-2158
Application 08/100,260
microwave oven such that a composition is formed which has a “greater volume and
greater pliability” than the precursor material. After the composition expands with the
microwave treatment it is then manually shaped and cured.
The examiner has based his conclusion of obviousness on the teachings of Harris,
a patent which discloses a composition containing all the claimed components and a
method of making paper mache; and Wu, a patent which discloses a method of producing
a cellular ceramic body from a selected, synthetic, lithium and/or sodium, water-swelling
mica. The examiner points to the teaching of Harris that
Articles formed of this plastic material are then dried, either at room
temperature or at an elevated temperature of the order of 150E F., for
example, if more rapid drying is desired, to thereby form a solid
object which may be further operated upon as desired, or used
directly [Harris, col. 4, lines 38-43].
According to the examiner, Harris only fails “to suggest utilizing microwave energy as an
alternative source of heat” in the disclosed method. Answer, p. 3. The examiner argues
that Wu discloses “the use of microwave energy to cellulate the floc in water soluble paste
compositions. The water acts as a cellulating/foaming agent when it is converted to steam
inside the paste and causes an expected effect upon the molded composition.” Answer,
p. 4. The examiner concludes that it would have been obvious to one of ordinary skill in the
art to utilize microwave energy as the heat source in the intermediate step taught by Harris.
Id. We find this position untenable.
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