Appeal No. 1997-2755
Application 08/311,426
initiate the oxidation and further dehalogenation of DCE by methanotrophic bacteria.
Therefore, Dooley-Danna also fails to describe teach the complete reductive
dehalogenation of organic halides. Rather, this reference also requires a second aerobic
step to bring about complete dehalogenation, similar to the method of Fathepure.
In the Examiner’s Answer (Paper No. 14, April 15, 1996), the examiner argues that
Fathepure teaches on page 3420, column 2, last paragraph bridging to page 3421, that
trace amounts of dechlorinated products are formed in the anaerobic reactor which reads
on the present claims. However, the reference to Fathepure does not “read on the present
claims” since as mentioned above, the process disclosed by Fathepure is performed in a
two-stage bioreactor, not in situ. In addition, the process taught by Fathepure fails to
achieve complete reductive dehalogenation. The portion of the reference cited by the
examiner in the Examiner’s Answer states that PCE and CF are converted to
dechlorinated products such as cis-1,2-dichloroethylene (cis-1,2-DCE) and methylene
chloride in the anaerobic stage of the bioreactor. Therefore, these organic halides still
contain the halide chlorine after the initial anaerobic stage. Complete reductive
dehalogenation as required by the claims on appeal is not achieved in the anaerobic
stage of by Fathepure.
For all of these reasons, we reverse the examiner’s rejection of claims 1 and
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