Ex parte TEUFEL - Page 3

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

          amount of time to cause decay of both the compostable material              
          and the organic particulates retained by the diatomite, the                 
          composted mixture together forming the insecticidal soil                    
          amendment, and further, the decayed organic particulates                    
          providing nutrients for the resultant soil amendment.                       

               3.   An insecticidal soil amendment, comprising:                       
                    raw ground tree bark; and                                         
                    a used filtering agent comprised substantially of                 
          diatomite, the diatomite being of a type that has retained                  
          certain organic particulates resulting from prior use of the                
          filtering agent, and wherein the bark and filtering agent have              
          been mixed and composted together such that the organic                     
          particulates retained by the diatomite substantially decayed,               
          thereby making the diatomite usable as an insecticidal agent                
          and producing nutrients for the composted mixture, the                      
          composted bark and filtering agent together forming the                     
          insecticidal soil amendment.                                                

               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          De Boodt et al. (De Boodt)         4,494,975           Jan. 22,             
          Weiergraber                        5,145,492           Sep. 08,             
          Allen, “A Natural Earth That Controls Insects”, Organic                     
          and Farming (1992), pages 50-56.                                            
               The examiner additionally relies on appellant's                        
          admissions set forth in Paper No. 4 at page 3, lines 6-13 and               


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