Ex Parte GARG et al - Page 10



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


          materials will form a more dense packing when disposed in land              
          fill operations.                                                            

                    It is our opinion that one of ordinary skill in the art           
          at the time of appellants’ invention would have immediately                 
          recognized that other porous construction materials like those              
          mentioned in Grube would typically include brick and mortar waste           
          materials that are normally disposed of in land fill operations.            
          Moreover, we find that the ordinarily skilled artisan would have            
          recognized that brick is a porous “ceramic”1 material and that              
          brick has a porosity of from 10 to 80% by volume and, more                  
          particularly, a porosity of from 20 to 50% by volume.  In that              
          regard, we note that the Robinson article shows various bricks              
          having porosity in appellants’ claimed ranges.  See particularly,           
          the “soft molded” bricks of Figure 2 in Robinson, the Riggs Hall            
          bricks of Figure 1, and the Froberg House bricks of Figure 3.               
          The Robinson article also notes in reference to Figure 1 that the           


          1 Webster’s New Collegiate Dictionary, 9th Ed., 1985,                       
          defines the term “ceramic,” when used as an adjective, as “of               
          or relating to the manufacture of any product (as earthenware,              
          porcelain, or brick) made essentially from a nonmetallic mineral            
          (as clay) by firing at a high temperature.”                                 
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