The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.
Paper No. 18
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte JOHN SIMMONS and DOMENIC JOSEPH BARSOTTI
Appeal No. 2002-0173
Application 09/273,040
______________
ON BRIEF
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Before TIMM, DELMENDO, and PAWLIKOWSKI, Administrative Patent
Judges.
PAWLIKOWSKI, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1
through 15, the remaining claims on appeal.
The subject matter on appeal is represented by claim 1, set forth
below.
1. A grouting composition comprising a first component
and a second component wherein said first component
comprises a peroxide, a liquid which comprises water, a
sugar, and a solid particulate; and said second
component comprises a polymer, a crosslinking agent,
and a solid particulate.
We note that a related case, 09/500,561 corresponding to
appeal no. 2002-0054 exists in connection with this appeal.
The references relied upon by the examiner as evidence of
unpatentability are:
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