Ex parte TEUFEL - Page 6

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

          The examiner reasons, in effect,  that composting would have                
          been recognized by one of ordinary skill in the art as an                   
          alternative to the heat treatment process of Weiergraber for                
          treating the spent filter aid to remove organic contaminants                
          and reclaim its insecticidal properties (answer, pages 4-6).                
               Appellant acknowledges that “it is known to mix natural                
          diatomite with soil or compost to create an insecticidal soil               
          amendment for flower or planting beds” (brief, page 5).                     
          However, appellant asserts that the combined teachings of the               
          applied references would not have suggested the claimed                     
          composting method for recovering an insecticidal form of                    
          diatomite from used filter agent retaining organic                          
          particulates.  Rather appellant urges that the applied                      
          references would have taught one of ordinary skill in the art               
          a method of making “an insecticidal soil amendment from                     
          diatomite that was previously used as a filtering agent by                  
          first heating the diatomite to regenerate its effectiveness as              
          an insecticidal agent, and then adding it to soil or compost                
          to make the amendment” (brief, page 6).                                     
               On this record, we agree with appellant.  In particular,               
          we note that there is no suggestion in the teachings of the                 


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