Opposition Annex filed by Sivomatic BV in opposition to grant of European Patent No. 0 424 001 of American Colloid Company. (Date of mention of the grant in the European Patent Bulletin 30 Mar. 1994 94/13.) |
Translation of Opposition dated 14 Dec. 1994 filed by Sud-Chemie AG in opposition to grant of European Patent No. 0 424 001 of American Colloid Company. |
Opposition dated 21st Dec. 1994 filed by IKO-Erbsloh Industriemineralien und Kohlenstoffe GmbH & Co. KG in opposition to grant of European Patent No. 0 424 001 of American Colloid Company. |
Opposition dated 22 Dec. 1994 filed by Laporte Industries Limited in opposition to grant of European Patent No. 0 424 001 of American Colloid Company. |
Opposition dated 21 Dec. 1994 filed by Redland Minerals Limited in opposition to grant of European Patent No. 0 424 001 of American Colloid Company. |
Opposition dated 30 Dec. 1994 filed by Bentonite Corporation in opposition to grant European Patent No. 0 424 001 of American Colloid Company. |
Notice of Opposition dated Dec. 27, 1994 filed by Skamol A/S in opposition to grant European Patent No. 0 424 001 of American Colloid Company. |
Annex 1--Opposition filed by Laviosa Chimica Mineraria S.p.A. in opposition to grant of European Patent No. 0 424 001 of American Colloid Company. |
Facts and Arguments--Opposition filed by Tolsa, S. A. in opposition to grant of European Patent No. 0 424 001 of American Colloid Company. |
Letter dated 22nd Dec. 1994 from Macromin Ltd. regarding observation of opposition to grant of European Patent No. 0 424 001 of American Colloid Company. |
Letter dated Sep. 20, 1994 from Mars Incorporated to Mr. John Hughes, President and Chief Executive Officer of American Colloid Company regarding European Patent No. 0 424 001 of American Colloid Company. |
Ullmanns Encyklopadie der technischen Chemie, 4., neubearbeitete und erweiterte Auflage, Band 23, Textilhilfsmittel bis Vulkanfiber, Verlag Chemie, 1983 (pp. 310-327) (English translation of pp. 322-325 attached). |
Industrial Minerals, Jun. 1989--"Industrial Clays A special review," edited by Gerry Clarke (p. 56). |
Applied Clay Mineralogy, 1962, by Ralph E. Grim, (pp. 246-251 and 16-17). |
Minerals of the Montmorillonite Group Their Origin and Relation to Soils and Clays, 1943-4, by Clarence S. Ross and Sterling B. Hendricks (pp. 52-54). |
Materials and Technology, 1971, vol. II "Non-metallic ores, silicate industries, and solid mineral fuels", (p. 51). |
Volclay Sales Brochure, 1962, of American Colloid Company. |
Technical Information Document entitled "SY 410 Granules" published and distributed publicly by Laporte Industries Limited of London, England (Mar. 8, 1982). |
Industrial Materials, Jun. 1989--"Industrial Clays A special review" edited by Gerry Clarke (p. 59). |
Affidavit of Christopher J. Watkins dated 21 Dec. 1994 (filed in the Opposition by Redland Minerals Limited). |
Industrial Minerals, Dec. 1972, "Calcium and Sodium Bentonite, Uses and Consumption" (pp. 21-36). |
Product literature disseminated by Wundpets of Reading Berkshire (UK), "Together" Issue No. 32, dated Oct./Nov. 1986. |
Roskill: "The Economics of Bentonite, Fuller's Earth and Allied Clays" 1989, Sixth Edition (p. 17). |
Kline & Co. report entitled "An Analysis of the US Market for Specialty Clays" publication date unknown but mentioned in Chemical Marketing Reporter published Jun. 12, 1989 (pp. 9-1 to 9-10). |
Declaration of Raymond H. J. Paris dated Oct. 18, 1991 (filed in Opposition by Bentonite Corporation). |
1987 Annual Report of American Colloid Company (1987) ("Supplying Specialty Minerals To Worldwide Industrial Markets"). |
Affidavit of Steven R. Gray dated Dec. 14, 1994 (filed in Opposition by Bentonite Corporation). |
Affidavit of Marshal Sudrala dated Dec. 14, 1994 (filed in Opposition by Bentonite Corporation). |
American Colloid Company letter dated Sep. 22, 1982 and two (2) enclosures. |
American Colloid Company Volclay Panels.RTM. Bentonite Waterproofing Systems Data Sheet entitled "High-Security Waterproofing for Below Grade Structures" dated Jan. 1982. |
American Colloid Company Data Sheet entitled "Asphalt Emulsion Granular" dated Mar. 9, 1989. |
American Colloid Data Sheet entitled "Volclay KWK Food Grade" dated Apr. 1, 1989. |
American Colloid Company Letter to Customer dated Dec. 22, 1987. |
"Composition and Properties of Oil Well Drilling Fluids", Fourth Edition, 1980, by George R. Gray, et al. (pp. 146 and 538). |
Stoberibogen II, Fagbog for Jern-, ST.ANG.-OG Metalstobere, 1956 (p. 63). |
Applied Clay Science, 2 (1987) "A New Bentonite Deposit in Sardinia" by A. Pietracaprima, et al. (pp. 167-174). |
Some invoices issued by Laviosa (Opponent) for the sale of natural sodium bentonite based cat litter. |
Agreement between Laviosa and Herz Pflege Haustier-Produkte AG (w/translation from Italian to English). |
Heavyweight Versus Lightweight as published in Pet Product Marketing, Oct. 1988 disclosing clumpability of calcium montmorillonites (the better one) and of potassium and sodium montmorillonites whereby bad smells are eliminated and the clumps may be easily removed from the unsoiled litter; and advertisement on the right-hand bottom side referring to Pettex Grey Litter as a clump-forming pet litter based on bentonite. (Attached to Opposition filed by Tolsa, S. A.). |
Datos De Control De Calidad sheet as a summary of the opponents test results concerning a continuous watch being made with regard to the pet litters of its competitors, as well as copies of the pages of the laboratory book corresponding to the products mentioned in the summary. Also, photocopies of the labels appearing on the recipients corresponding to the various products marked with an "*" in the summary are submitted herewith as documents D10-1 through D10-9. (Attached to Opposition filed by Tolsa, S. A.). |
Letter dated Dec. 6, 1994 from Richard H. Anderson (patent attorney for American Colloid Company) to Mr. Michael J. O'Driscoll at Metal Bulletin plc. regarding chart which appears at p. 45 of article that appeared in the Jul. 1988 issue of Industrial Minerals. |
Facsimile letter dated 20 Dec. 1994 from Mike O'Driscoll to R. H. Anderson regarding sodium bentonite as cat litter in response to document C70. |
Newspaper article entitled "Clumping, or the absorbing story of cat litter" from The Independent, 4th Jul. 1989 by Jim White (attached to Opposition filed by Laporte Industries Ltd.). |
"Smectite Clay Minerals: Properties and Uses," by I. E. Odom (pp. 171-189). |
Preprint from the 1977 Bureau of Mines Minerals Yearbook of the United States Department of the Interior, Bureau of Mines. The chapter is entitled "CLAYS" by Sarkis G. Ampian (pp. 1-34). |
Industrial Minerals Jul. 1988--"Bentonite Overcapacity in Need of Markets," by Mike O'Driscoll, Associate American Editor (pp. 43-67). |
Copy of "Kitten Kaboodle" bag, published Jan., 1990 by Kolclay Products. |
Excerpts from Rex W. Grimshaw, The Chemistry and Physics of Clays, 4th Ed. (1971). |
Excerpt from Cats Magazine, Sep. 1989, Regarding EVERCLEAN.RTM. Product. |
Article: Litter That's Less Work, New York Times, Mar. 18, 1989, Regarding EVERCLEAN.RTM. Product. |
Excerpt from Cats Magazine, May 1990: Advertisement for EVERCLEAN.RTM. product. |
Excerpt from Cats Magazine, Sep., 1990: Advertisement for EVERCLEAN.RTM. product. |
Excerpt from Cats Magazine, Aug., 1990, regarding EVERCLEAN.RTM. product. |
Summary Report of Investigations Made by the Mine's Branch During the Calendar Year Ending Dec. 31, 1921, Regarding Properties of Bentonite. |
Cats Magazine Article on Edward Lowe, Stating That Use of Clay for Cat Litter Was Discovered by Lowe in 1947. |
Excerpts from Minerals Yearbook, vol. 1, United States Department of the Interior, 1985, Showing Use of Montmorillonite Clays as Pet Waste Absorbents in 1984-85. |
Excerpts from J. S. Ross, Bentonite in Canada, Department of Mines and Technical Surveys, Mines Branch, Ottowa, 1964. Discusses: Hygroscopic Nature of Bentonite and Its Affinity for Liquids (p. 15), Use of Bentonite for Absorbing Liquids in Animal Bedding (p. 23), Greater Dry Strength of Bentonite Along with Attapulgite, When Compared with Other Clays (p. 11). |
Canada Department of Mines, Mines Branch Report: Investigations of Mineral Resources and the Mining Industry, 1930. Discusses: Absorptive and Absorptive Properties of Bentonite (p. 13), Use of Bentonite as an Absorptive (p. 15). |
Canadian Minerals Yearbook, 1980, pp. 65-68. Discusses Highly Sorptive Properties of Bentonite and Suitability for Use As Pet Litter. |
Canadian Minerals Yearbook, 1985, pp. 11.1-11.2. Discusses Highly Sorptive Properties of Bentonite and Suitability for Use As Pet Litter. |
Excerpts from Minerals Yearbook, vol. 1, United States Department of the Interior, 1987, Showing Use of Fuller's Earth as Pet Waste Absorbents (Table 18, p. 251). |
Excerpts from Clay Minerals Yearbook, vol. 1, United States Department of the Interior, Bureau of Mines, 1988. Tables 16, 18, and 20 (pp. 265, 267, 271, respectively) Show Use of Bentonite and Fuller's Earth as Pet Waste Absorbents. |
Letter dated Jul. 4, 1986 from Robert W. Graul to John Hughes with enclosure of report prepared by Robert Beamish on May 23, 1986 entitled "A Feasability and Marketing Study of Sodium Montmorillonite Cat Litter". |
Letter dated Aug. 20, 1986 from John Hughes to Robert W. Graul. |
Condensed Transcript and Concordance prepared by M & M Court Reporting Service, Inc. of the Deposition of Glen Teague on Oct. 21, 1993 (p. 2 to p. 73). |
Condensed Transcript and Concordance prepared by M & M Court Reporting Service, Inc. of the Deposition of Phillip Webb on Oct. 21, 1993 (p. 2 to p. 32). |
Transcript prepared by M & M Court Reporting Service, Inc. of the Telephonic Deposition of Dorothy Webb on Dec. 9, 1993 (p. 1 to p. 18). |
Special Paper 20 Bentonite in Oregon: Occurrences, Analyses, and Economic Potential Date: Apr. 28, 1989. |
Declaration of Ronald P. Geitey Dated: May 17, 1993. |
Affidavit of Edgar Odom, Ph.D. Dated: Mar. 21, 1994. |
Canadian Trademark Registration for Everclean.RTM., stating that Everclean.RTM. product has been sold in Canada under the Everclean.RTM. name since at least Dec. 1988. |
Copy of page from U.S. Trademark Report indicating first use in commerce date of Oct. 22, 1987 for Everclean.RTM.. |