Ex Parte Krodel et al - Page 3



          Appeal No. 2005-0715                                                        
          Application No. 09/725,428                                                  

               The references set forth below are relied upon as evidence             
          of obviousness:                                                             
          Kisters et al. (Kisters)    4,229,411               Oct. 21, 1980           
          Tom                         6,030,591               Feb. 20, 2000           
          Rossin et al. (Rossin)      6,069,291               May  30, 2000           
               All of the appealed claims are rejected under 35 U.S.C.                
          § 103(a) as being unpatentable over Rossin in view of Kisters and           
          Tom.                                                                        
               We refer to the brief and reply brief as well as to the                
          answer for a complete exposition of the opposing view points                
          expressed by the appellants and by the examiner concerning the              
          above noted rejection.                                                      
                                       OPINION                                        
               For the reasons set forth below, this rejection cannot be              
          sustained.                                                                  
               With respect to the appealed independent claim                         
          1 distinctions over the primary reference to Rossin, the examiner           
          states that:                                                                
               Rossin . . . does not disclose (1) the step of controlling             
               the scrubbing condition by monitoring the amount of harmful            
               substances in the effluent gas before and after the                    
               scrubbing step and (2) the decomposing step is carried                 
               in a combustion chamber having a combustible gas.                      
               [Answer, page 5.]                                                      
               Concerning claim distinction (1), the examiner concludes               

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