Ex parte SOMMESE et al. - Page 3




                 Appeal No. 1997-0722                                                                                                                   
                 Application 08/364,589                                                                                                                 


                 of at least , including from abut [sic, about] 1 to about 991                                                                                                                  
                 mole percent vinylamine and from about 1 to abut [sic, about]                                                                          
                 99 mole percent of at least one monomer selected from the                                                                              
                 group consisting of amidine, vinylformamide, vinyl alcohol,                                                                            
                 vinyl acetate, vinyl pyrrolidinone and the esters, amides,                                                                             
                 nitriles and salts of acrylic acid and methacrylic acid;                                                                               
                          coagulating and flocculating the suspended solids; and                                                                        
                          separating the coagulated and flocculated suspended                                                                           
                 solids from the waste water.                                                                                                           
                          The references of record relied upon by the examiner are:                                                                     
                 Nowak et al. (Nowak)                         3,715,336                                    Feb.  6, 1973                                
                 Miller                                       5,174,903                                    Dec. 29, 1992                                
                          The appealed claims stand finally rejected under 35                                                                           
                 U.S.C.                                                                                                                                 
                 § 103 over Miller combined with Nowak.                                                                                                 
                          We affirm.                                                                                                                    
                          As evidence of obviousness of the herein claimed process,                                                                     
                 the examiner relies on the combined disclosures of Miller and                                                                          
                 Nowak.  Appellants do not dispute the examiner's finding that                                                                          
                 their claimed method for clarifying food processing waste                                                                              
                 containing suspended solids is identically described by Miller                                                                         


                          1Based on the amendment filed May 6, 1996 (Paper No. 9)                                                                       
                 appellants apparently intended to limit the molecular weight                                                                           
                 of the vinylamine polymer to "at least 10,000".  However, the                                                                          
                 claims were not properly amended to reflect this value.                                                                                
                                                                         -3-                                                                            





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