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. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007