Appeal No. 1998-3388
Application 08/370,551
the use of the claimed organism, Pseudomonas PsKC, that has been
enriched with added nutrients, such as medium D (page 3240), to
degrade carbon tetrachloride (CT). Said organism was evaluated for it
potential at degrading CT in field applications. At the Moffet [sic] Field
groundwater test site, it was found to be inhibited in its breakdown of CT.
This inhibition was found to be aggravated when trace metals were added
to the groundwater (Page 3242, col. 2). . . . Criddle et al also . . .
discovered that the inhibition was due to the addition of iron (and possibly
cobalt). (Page 3244, col. 2).
We have carefully considered the evidence and reasoning presented by the
examiner in support of this rejection. However, a claim is anticipated only if each and
every element as set forth in the claim is found, either expressly or inherently described,
in a single prior art reference. Verdegaal Bros., Inc. v. Union Oil Co.,
814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir.), cert. denied, 484 U.S. 827
(1987). Here, the reference does not disclose 1) adjusting the environment to be
treated to a pH of about 7.8 to 9.2 and 2) introducing a culture of Pseudomonas strain
sp. KC into the environment under anaerobic conditions in a number and at a
temperature sufficient for the PsKC to convert the carbon tetrachloride present directly
to carbon dioxide and a nonvolatile water soluble fraction. That Criddle may describe
the ability of this microorganism to degrade carbon tetrachloride, the inhibitory effect on
CT transformation by the presence of metals such as iron and may also suggest that
the inhibition may be avoided by increasing the pH of the medium to 8.0 is not the same
as describing the adjustment of the pH of an environment in a remediation process prior
to applying the Pseudomonas strain of the claim. Similarly, we find no description of
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