Ex Parte Fung et al - Page 2

               Appeal 2007-2028                                                                             
               Application 11/058,147                                                                       

                                             BACKGROUND                                                     
                      “A major problem with the absorbent materials [used in pet litter                     
               boxes] is that after a relatively short period of time, the . . . soiled absorbent           
               emits objectionable odors . . .” (Specification 1).  When the odors “become                  
               intolerable, the homeowner discards the absorbent material. The homeowner                    
               then washes the litter box and refills it with fresh absorbent material.  These              
               activities are, however, unpleasant, time-consuming and expensive” (id.).                    
                      The Specification discloses “a low cost, litter composition that                      
               substantially reduces the emanation of offensive odors . . .” (id. at 3).  In one            
               embodiment the litter comprises “substantially particulate silica gel material               
               with a particle size distribution between 1-2 mm and up to 2% of a material                  
               selected from the group consisting of a fixing agent, a colorant agent, an                   
               anti-bacterial agent, a fragrance, a supplemental absorbent material, an odor-               
               controlling/inhibiting active, and mixtures thereof” (id.).                                  
                                              DISCUSSION                                                    
               1.  CLAIMS                                                                                   
                      Claims 1-20 are pending and on appeal.  Claims 1 and 19 are                           
               representative and read as follows:                                                          
                      1.  An animal litter comprising:                                                      
                            a substantially particulate silica gel material with a                          
                      particle size distribution between 0.15-2 mm.                                         
                      19.  An animal litter comprising:                                                     
                            a substantially particulate silica gel material with a                          
                      particle size distribution between .15-2 mm; and                                      
                            up to 1% of a material selected from the group consisting                       
                      of a fixing agent, a colorant agent, an anti-bacterial agent, an                      
                      odor controlling agent, a fragrance and mixtures thereof.                             


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