Appeal No. 2006-2413 Page 5
Application No. 10/250,412
again in a ratio of about 1:3 to 3:5, as well as a predominantly negatively charged
polyelectrolyte and a predominantly positively charged polyelectrolyte. In the first step,
water is mixed with Portland cement. One or the other of the polyelectrolytes may also
be included in this initial mixture. In the second step, the final mixture is formed by
adding the remaining polyelectrolyte or both polyelectrolytes to the initial mixture.
Claims 55 and 56 are also directed to processes of preparing aqueous
cementitious mixtures having increased viscosities. In both of claims 55 and 56 an
initial dry mix is prepared with Portland cement and a polyelectrolyte. In claim 55 the
initial dry mixture is a combination of Portland cement and a predominantly negatively
charged polyelectrolyte. In claim 56 the initial dry mix contains Portland cement and a
predominantly positively charged polyelectrolyte. Claims 55 and 56 then require the dry
mix to be combined with water and the other polyelectrolyte. The claims also require
the ingredients to be combined in a compressed gas spraying apparatus.
2. Anticipation
The examiner has rejected claims 3-19, 21-23, 25-40, and 52-56, all of the
pending claims, under 35 U.S.C. § 102(b) as anticipated by or, in the alternative, under
35 U.S.C. § 103(a) as obvious over Izumi ‘807,1 Nadolsky,2 or Pomerhn.3 Answer,
pages 4-10. We agree with Appellant that the examiner has not established a prima
facie case of anticipation based on the cited references.
In rejecting the claims over Izumi ‘807 the examiner urges that “Izumi et al. teach
forming an aqueous mixture comprising Portland cement, predominantly negatively
1 Izumi et al., U.S. Patent 5,720,807, issued February 24, 1998.
2 Nadolsky et al., U.S. Patent 5,112,603, issued May 12, 1992.
3 Pomerhn et al., U.S. Patent 3,985,610, issued October 12, 1976.
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