Ex Parte Schlenoff - Page 1

                         The opinion in support of the decision being entered today was not written         
                               for publication and is not binding precedent of the Board.                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                           BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                   
                                     Ex parte JOSEPH B. SCHLENOFF                                           
                                           Appeal No. 2006-2413                                             
                                         Application No. 10/250,412                                         
                                                 ON BRIEF                                                   
            Before MILLS, GRIMES, and LINCK, Administrative Patent Judges.                                  
            GRIMES, Administrative Patent Judge.                                                            

                                          DECISION ON APPEAL                                                
                   This appeal involves claims to cementitious mixtures containing polyelectrolytes,        
            and methods of making the mixtures.  The examiner has rejected the claims as                    
            anticipated or obvious.  We have jurisdiction under 35 U.S.C.  134.  We reverse.               
                   “Portland cement is one of the most widely used materials in the construction            
            industry. . . .  For example, conventional ‘concrete’ is a cementitious mixture comprising      
            portland cement, water and aggregate, such as sand or a mixture of sand with                    
            gravel. . . .  The cement is the matrix that, when mixed with water, hardens and bonds          
            the aggregate particles into a rigid solid.”  Specification, page 1.                            

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