Ex parte TEUFEL - Page 5

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

                         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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