Appeal No. 1999-0700 Page 6
Application No. 08/590,580
mass having a water content from 40 to 80%, preferably 55 to 65%, by weight, forming the
fibrous mass into a pelletized configuration and drying the pellets (abstract and column 2,
lines 57-66). The sludge used as the starting material in Kok's process is fiber-containing wet
waste water "derived from a process in which fibers consisting wholly or substantially of
cellulose are produced, as is customary, in the manufacture of paper, pulp and board"
(column 2, lines 26-31).
The only disputed difference between the appellant's claimed invention and Kok is the
starting material used to produce the absorbent material. The starting material in the claimed
invention is "recycled fiber sludge," which is clearly defined on page 5 of appellant's
specification as "primary compressible waste solids discharged from a dewatering device in a
plant, for example, a tissue-grade deinking mill, that processes waste paper into recycled fiber."
While Kok generally discloses the use of sludge from waste water derived from the
manufacture of paper, pulp or board, Kok does not specifically disclose the use of waste solids
from waste water in a plant that processes waste paper into recycled fiber.
The examiner (answer, page 4) has taken the position that the definition of "recycled
fiber sludge" set forth in appellant's specification is not read into the claims and that, under the
broadest reasonable interpretation, "recycled fiber sludge" includes cellulosic fiber waste sludge
generally. In other words, the examiner does not interpret "recycled fiber sludge" as being
limited to sludge derived from waste water in a waste paper recycling plant.
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