Ex Parte CRIDDLE et al - Page 2



              Appeal No. 1998-3388                                                                                        
              Application 08/370,551                                                                                      


                     1.     A method of remediating an environment of soil or water in situ containing                    
              diverse microbial populations and contaminated with carbon tetrachloride which                              
              comprises:                                                                                                  
                            (a) adjusting the environment to a pH of about 7.8 to 9.2; and                                
                            (b) introducing a culture of Pseudomonas strain sp. KC (PsKC) deposited                       
              as DMS 7136 and ATCC 55595 into the environment and under anaerobic conditions,                             
              in a number and at a temperature sufficient for the PsKC to convert the carbon                              
              tetrachloride directly to carbon dioxide and a nonvolatile water soluble fraction, wherein                  
              the PsKC converts the carbon tetrachloride at the pH without producing chloroform and                       
              wherein the PsKC has been grown in a culture medium to produce the culture and then                         
              introduced into the environment containing the diverse microbial populations.                               
                     11.    The method of Claim 1 wherein the PsKC is grown substantially without                         
              iron in the culture medium which is available to the PsKC to produce the culture and                        
              then introduced into the environment in step (b).                                                           
                     The references relied upon by the examiner are:                                                      
              Criddle et al. (Criddle) “Transformation of Carbon Tetrachloride by Pseudomonas sp.                         
              Strain KC under Denitrification Conditions,” Applied and Environmental Microbiology                         
              Vol. 56, No. 11 pp. 3240-3246 (1990)                                                                        
              Lewis et al. (Lewis) “Physiological Factors Affecting Carbon Tetrachloride                                  
              Dehalogenation by the Denitrifying Bacterium Pseudomonas sp. Strain KC”                                     
              Applied and Environmental Microbiology Vol. 59, No. 5 pp. 1635-1641 (1993)                                  
                                                 Grounds of Rejection                                                     
                    Claims 1, 3, and 9 - 11 stand rejected under 35 U.S.C. § 102(b).  As evidence of                      
            anticipation, the examiner relies upon Criddle.                                                               
                    Claims 1, 3, and 9 - 11 stand rejected under 35 U.S.C. § 102(a).  As evidence of                      
            obviousness, the examiner relies upon Lewis.                                                                  
                    We reverse the rejection of the claims under 35 U.S.C. § 102(b) as anticipated by                     
            Criddle and remand the application for further consideration by the examiner of the rejection                 
            of the claims under 35 U.S.C. § 102(a) as anticipated by Lewis.                                               
                                                     Background                                                           
                     The invention, as presently claimed, is described by the applicants at page 5 of                     

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