Ex Parte Pavis et al - Page 1



                            The opinion in support of the decision being entered today was not written                     
                                    for publication and is not binding precedent of the Board.                             


                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                     __________                                                            

                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                         Ex parte GORDON J. FREEMAN and                                                    
                                              ANAKANTH ANUMANTHAN                                                          
                                                      __________                                                           
                                                 Appeal No.  2004-2339                                                     
                                               Application No. 09/900,596                                                  
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
              Before WILLIAM F. SMITH, SCHEINER, and ADAMS, Administrative Patent Judges.                                  
              WILLIAM F. SMITH, Administrative Patent Judge.                                                               
                                                DECISION ON APPEAL                                                         
                     This is an appeal under 35 U.S.C. § 134 from the examiner’s final rejection of                        
              claims 1-3, 5-12, 14, 16, 17, and 19-24.  Subsequently, the examiner withdrew the                            
              rejection of claims 3, 6, 7, 9, 10, 14, and 24.  Thus, claims 1, 2, 5, 8, 11, 12, 16, 17, and                
              19-23 are before us for a review.  In addition, claims 4, 13, and 25-30 are pending but                      
              have been withdrawn from consideration by the examiner.                                                      
                     Claim 1 is representative of the subject matter on appeal and reads as follows:                       
                     1.  A composition for treatment of pollution comprising:                                              
                     a first component comprising a non-toxic, non-flammable, microorganism                                
              assimilable carbon containing substance in an oil phase;                                                     







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