Ex Parte Savage et al - Page 4



        Appeal No. 2006-1611                                               
        Application No. 10/669,771                                         

             Our review of appellants' specification finds us in           
        agreement with the examiner that appellants' argument is without   
        merit.  Appellants' specification fails to provide any             
        definition of "piping . . . directly" that requires the            
        exclusion of the fine screening disclosed by Nebolsine.  In        
        particular, the specification states at page 1 that "[m]ore        
        specifically the invention relates to a process for treatment of   
        raw, unsettled wastewater by direct filtration through a deep      
        bed filter without prior treatment in a facultative zone" (lines   
        11-14).  Page 4 of the specification relates "[i]n this            
        innovative process, both the primary steps of passing the sewage   
        wastewater through a clarifying or settling tank to remove         
        solids or through a facultative zone for denitrification are       
        replaced by the one inventive step of feeding fresh, unsettled     
        sewage directly into a deep bed filter for aerobic filtration"     
        (lines 4-8).  Accordingly, it is our view that the claimed         
        piping directly can be reasonably interpreted as excluding         
        passing the wastewater through a clarifying or settling tank to    
        remove solids or through a facultative zone for denitrification,   
        but not as excluding fine screening.  The statement at page 6 of   
        the specification, line 2, that "[f]ine screening is not           
        required" would be reasonably interpreted by one of ordinary       
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