Ex Parte Augenstein - Page 2

                Appeal 2007-2235                                                                                   
                Application 10/138,617                                                                             

                                                BACKGROUND                                                         
                       “The combustion of fuels for energy, or burning of materials for                            
                disposal results in contaminants in product gas that include oxides of                             
                nitrogen, carbon monoxide, volatile organic compounds, and sulfur oxides”                          
                (Specification 1).  The Specification discloses “methods and apparatus for                         
                removing polluting gases, including nitrogen oxides (NOx), carbon                                  
                monoxide, sulfur oxides (SOx) and volatile organic compounds . . . from a                          
                gas stream, by passing the gas stream through a landfill biofiltration system”                     
                (id. at 5).                                                                                        
                       “Biofiltration . . . refers to the venting and permeation of                                
                contaminated air, vapors, or gases through a biologically active material                          
                comprising microorganisms capable of metabolizing one or more of the                               
                polluting gases” (id. at 6).  Thus, “[t]he biofilter of the present invention is a                 
                managed landfill, or alternately, waste dump . . . [that] may be at least about                    
                1000 tons or more in mass” (id.).  The contaminated gases are injected into                        
                the landfill, for example, by a pressurized system of pipes (id. at 15).  “The                     
                important feature . . . for pollutant-contaminated gas introduction and                            
                withdrawal is that it assure at minimum a gas residence and waste contact                          
                time that is adequate for required pollutant bioremediation” (id.).                                
                                                 DISCUSSION                                                        
                1.  CLAIMS                                                                                         
                       Claims 1, 2, and 4-24 are pending and on appeal.  All of the claims                         
                stand rejected under 35 U.S.C. § 103, and claims 7-10, 20, and 21 also stand                       
                rejected under 35 U.S.C. § 112, first paragraph.                                                   



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