Appeal No. 1999-0989 5
Application No. 08/265,267
particularly ethylene butylene. See column 2, lines 22-35. We find that the elastomer is
granular. See column 2, line 36. We find that Gabrick adds to the elastomeric
composition an “oleochemical synthetic wax.” See column 2, line 37. We find that,
“[t]he synthetic waxes are long chain polymers, principally of ethylene block polymers
which are available in solid particulate or powdered form.” See column 2, lines 40-42.
We further find that even after oil is adsorbed, the compositions form a “dry solid material
which has a non-tacky and non-oily surface.” Based upon these findings, we conclude that
the composition of Gabrick is in the form of a “discrete non-clumping mechanically stable
geometric shapes,” as required by the claimed subject matter in as much as the grains and
particles have geometric shapes. See column 2, lines 50-51.
We further find that, “said oleochemical synthetic wax is a linear chain ethylene
polymer which has a density less than water.” See claim 2 of Gabrick. Based upon the
above findings, we necessarily conclude that ethylene polymer is a thermoplastic polymer
as required by the claimed subject matter. Our conclusion is further supported by the
specification wherein the thermoplastic polymers of the claimed subject matter include
polyethylene. See specification, page 6, lines 27-29. See also Example 1, wherein a
specific polyethylene is utilized which has a density of 0.952 g/cc and accordingly, falls
clearly within the scope of claim 2 of Gabrick in that it has a density less than that of
water. Furthermore, we find that the elastomeric polymer is present in a proportion of 99
to 67 weight percent. We further find that the oleochemical synthetic wax is present in an
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