Appeal No. 2006-0916
Application No. 10/345,711
material, a slurry of the particulate material in free water is
formed.” (Appeal brief at 8.) Even were we to accept as fact
the appellants’ allegation that cement or building sand are
“non-absorbent” and that a slurry is formed, this does not
demonstrate any reversible error on the part of the examiner.
Markusch suggests that particulates including wood and sand are
interchangeable for purposes of practicing the disclosed molding
process. Although a polyol is not used in Markusch’s Example 1,
Markusch teaches that polyol may be used. (Column 10, lines 7-
61.) In this regard, we are in complete agreement with the
examiner’s determination (answer at 3) that Markusch provides
the requisite motivation, suggestion, or teaching to use more
than one OH-containing auxiliary substance including water and
polyol because each is taught to be useful for the same or
similar purpose, thus suggesting that the mixture would also be
useful for the very same purpose. In re Kerkhoven, 626 F.2d
846, 850, 205 USPQ 1069, 1072 (CCPA 1980); In re Susi, 440 F.2d
442, 445, 169 USPQ 423, 426 (CCPA 1971).
We have, as urged by the appellants (appeal brief at 10),
reviewed Markusch’s Example 52 and column 14, lines 48-53.
However, these disclosures relate to an “advantageous” (but not
exclusive) embodiment where “only small quantities” of the
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