Appeal No. 1997-2632
Application No. 08/163,902
follow.
Rejection of Claims 1, 2, 4 and 5
Allen discloses the use of diatomaceous earth as an
insecticide for protecting crops. Allen teaches that the
“razor-like construction of a diatomite fragment is just right
to disrupt the life process of insects . . .” (carryover
sentence, pages 50 and 52). De Boodt discloses the use of
tree bark as a promoter for and part of a composting mixture.
Weiergraber discusses the use of a high temperature treatment
of spent filter aids such as diatomite that may have been used
in a brewery to remove organic contaminants therefrom. The
heat treated product of Weiergraber is disclosed as being
reusable as a filter aid.
The examiner's position is that a skilled artisan would
have been motivated by the combined teachings of the applied
references including the admissions, of record, to not only
use Weiergraber's disclosed heat treatment method for
regenerating spent brewery filter aid diatomite by removing
organics therefrom but to also use a composting method
corresponding to the method claimed herein for treating such
spent diatomite to recover an insecticidal soil amendment.
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