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,
1985
Weiergraber 5,145,492 Sep. 08,
1992
Allen, “A Natural Earth That Controls Insects”, Organic
Gardening
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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