Appeal No. 2001-2357
Application No. 09/093,185
Brief and pages 3 through 6 of the Reply Brief. We only add that
the claim process limitation “formed by extrusion under vacuum
from a substantially homogeneous deformable mass consisting of a
mixture of particulate smectite clay and a liquid . . .” is
critical in producing a product having a high density and no air
pockets. See the Specification, page 9. The examiner has not
demonstrated that the applied prior art references teach or would
have suggested such a product or a process limitation responsible
for such a product.
In view of the foregoing, the decision of the examiner is
reversed.
REVERSED
CHUNG K. PAK )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
PAUL LIEBERMAN ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
JEFFREY T. SMITH )
Administrative Patent Judge )
CKP:svt
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