Appeal No. 1998-1306
Application 08/429,326
The references set forth below are relied upon by the
examiner as evidence of obviousness:
Audeh et al. (Audeh) 4,120,782 Oct. 17, 1978
Brooks et al. (Brooks) 5,151,211 Sept. 29, 1992
Claims 1-20 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Brooks in view of Audeh.
We refer to the brief and reply brief and to the answer
for a complete exposition of the opposing viewpoints expressed by the
appellants and by the examiner concerning the above-noted rejection.
OPINION
We cannot sustain this rejection. Our reasons are set
forth below.
Concerning the composition claims on appeal, the
appellants argue that the applied references contain no teaching or
suggestion of clay having a free moisture content within the range
defined by independent claim 1. In response, the examiner urges
"nothing has been shown that there is a difference in the products or
that it makes for a patentably distinct product" (answer, page 4).
We discern no merit in the examiner's apparent belief that the here-
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