Ex parte TEUFEL - Page 2

          Appeal No. 1997-2632                                                        
          Application No. 08/163,902                                                  

          insecticidal soil amendment and the product thereof.                        
          According to appellant (specification, pages 2 and 3),                      
          diatomaceous earth (diatomite) is a known insecticidal agent                
          and is used for other purposes, such as a filtering agent in                
          brewery processes. Appellant discloses that spent filtering                 
          aids containing diatomite that have been used in a brewery                  
          process are clogged with organic material, hence they are not               
          useful in that form as a soil amendment (specification, pages               
          3 and 4).  The subject matter at issue herein relates to (1)                
          appellant's disclosed method of treating such used filtering                
          aids via composting to cause decay of the retained organics in              
          the used filtering aid and (2) the product of such treatment.               
          The compost product mixture is allegedly useful as an                       
          insecticidal soil amendment. See pages 5 and 6 of the                       
          specification.  An understanding of the invention can be                    
          derived from a reading of exemplary claims 1 and 3, which are               
          reproduced below.                                                           
               1.   A method for making an insecticidal soil amendment,               
                    mixing a used filtering agent and a compostable                   
          material, the filtering agent being characterized in that the               
          filtering agent includes diatomite that has retained certain                
          organic particulates resulting from a prior use of the                      
          filtering agent, and composting the mixture a sufficient                    

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