In re Derleth

This is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming a decision of the examiner rejecting, upon various grounds hereinafter discussed, claims 1, 2, 4, 5, 7, 8, and 10 to 13, inclusive, of appellant’s application for a patent.

Claims 1, 2, and 10 are typical of the rejected claims and read as follows:

1. A plastic mass containing hydrating cement and fly ash.

2. A concrete comprising hydrating cement, aggregate, fly ash and water.

10. As a blended cement,' a dry mixture of Portland cement and fly ash.

The references cited are:

Fels, 1,419,665, June…