Ex parte SCHUSTER et al. - Page 3







            M. A. Shevchenko et al.,  (Shevchenko),  "The Use of Oxidizing Agents to Detoxify Nitro-          
            Derivatives of Phenols in Water ," Khimiya I Tekhnologiya Vody, 8, No. 6, pages 1-7               
            (translation), 1986.                                                                              
                                                                                                             
                                              THE REJECTIONS                                                  
            Claims 1 through 5 stand rejected under 35 U.S.C. § 103 as being unpatentable                     
            over Chemical Abstracts 102:172028f or Shevchenko.                                                
                                           OPINION                                                            
                   We have carefully considered all of the arguments advanced by appellants and               
            the examiner and agree with the appellants that the aforementioned rejections under               
            35 U.S.C. § 103 are not well founded.  Accordingly, we do not sustain these                       
            rejections.                                                                                       
            As an initial matter appellants state that the claims do not all stand or fall                    
            together.  Appellants argue for the separate patentability of claims 1 through 2 as a             
            first group, and claims 3 through 5 as a second group.  See Brief, page 2.                        
            Accordingly, we select claims 1 and 3, the sole independent claims as representative              
            of the claimed subject matter and limit our consideration thereto.  37 C.F.R. § 1.92              
            (c)(7)(1995).                                                                                     









                                 The Rejections under 35 U.S.C. § 103                                         
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