Appeal No. 1997-1464
Application No. 08/235,542
liquid mixture defined by, for example, independent claim 19
distinguishes over the liquid mixture described in Comparative
Experiment B of the Paersch patent. In this regard, we point
out that the liquid mixture of Comparative Experiment B
contains 25 grams of molasses which equals about 43% of the
total mixture and 33 grams of bitumen emulsion which equals
about 57% of the total mixture. In light of the foregoing,1
the examiner and the appellants should consider whether the
disclosure of Comparative Experiment B in the Paersch
reference satisfies all of the requirements of at least
appealed claim 19.
Summary
The decision of the examiner is reversed.
REVERSED
Edward C. Kimlin )
Administrative Patent Judge )
)
1This last mentioned point raises the issue of whether the
“about 40%” recitation in the last clause of appealed claim 19
concerns the recited “hydrocarbon-based solution” (which
corresponds to the above mentioned bitumen emulsion of
Comparative Experiment B) or the recited “hydrocarbon
portion”. The examiner and the appellants should address and
resolve this issue in any further prosecution that may occur.
5
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007