Ex Parte GARG et al - Page 3



          Appeal No. 2000-0119                                                        
          Application 08/785,711                                                      


                    Independent claim 8 is representative of the subject              
          matter on appeal and reads as follows:                                      
          8.  A process for the production [of] fragmented                            
          ceramic which comprises:                                                    
          a) impregnating a porous ceramic material having a porosity of              
          from 10 to 80% by volume with a fluid such that the pores of the            
          ceramic are at least partially occupied by the fluid; and                   
          b) causing the fluid to expand rapidly without chemical change              
          such that the expansion causes fragmentation of the ceramic                 
          material.                                                                   

                    The prior art references relied upon by the examiner in           
          rejecting the appealed claims are:                                          
          Rosinski                       3,715,983           Feb. 13, 1973            
          Grube et al. (Grube)           4,540,467           Sep. 10, 1985            
                                                                                     
                    In addition to the foregoing, this merits panel of the            
          Board has relied upon the following prior art reference in a new            
          ground of rejection entered under 37 CFR § 1.196(b):                        
          Gilbert C. Robinson, “The Relationship Between Pore Structure and           
          Durability of Brick,” 63 Ceramic Bulletin, no. 2, 295-300 (1984)            

                    Claims 8, 9, 11, 13 and 14 stand rejected under                   
          35 U.S.C. § 103(a) as being unpatentable over Rosinski in view              
          of Grube.                                                                   
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