Appeal No. 2007-0175 Page 11
Application No. 10/467,134
process optimization to one skilled in the art, depending on the specific
wastewater treated and results desired, absent a sufficient showing of
unexpected results.” Id.
Oyler is directed to grit removal devices and methods of using these
devices. See e.g., Oyler, title. The examiner fails to direct our attention to any
teaching, and we find none, to suggest that Oyler discloses the elimination of
hexane extractable materials from water or wastewater without the use of a
flotation degreasing means. Accordingly, we find that Oyler fails to make up for
the deficiencies in the combination of Binot and Vion as discussed above.
Therefore, rejection of claims 21 and 22 under 35 USC §103(a) as being
unpatentable over the combination of Binot, Vion and Oyler is reversed.
REVERSED
)
Toni R. Scheiner )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Donald E. Adams ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Lora M. Green )
Administrative Patent Judge )
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