Ex Parte Augenstein - Page 6

                Appeal 2007-2235                                                                                   
                Application 10/138,617                                                                             

                1555, 1563, 19 USPQ2d 1111, 1117 (Fed. Cir. 1991).  However, “claimed                              
                subject matter need not be described in haec verba in the specification in                         
                order for that specification to satisfy the description requirement.” In re                        
                Wright, 866 F.2d 422, 425, 9 USPQ2d 1649, 1651 (Fed. Cir. 1989).                                   
                       We agree with the Examiner that the Specification does not disclose,                        
                word-for-word, measuring oxygen consumption.  However, the                                         
                Specification discloses that the heat generated by the landfill’s oxidative                        
                processes “is most practically removed by adding . . . supplemental water or                       
                aqueous liquid” (Specification 12, ¶ [44]).  The Specification then discloses                      
                that the heat generated by the landfill causes the landfill to lose, by                            
                evaporation, “between 60 and 200 grams [of water] per gram-atom of                                 
                oxygen consumed. . . .  The injection of gases and injection or presence of                        
                water in the landfill is preferably at a level such as to achieve a temperature                    
                of from about 70° to about 180° F . . . in the landfill cell” (id. at ¶ [45],                      
                emphasis added).                                                                                   
                       Thus, the Specification discloses that water must be added to dissipate                     
                heat generated by the landfill bioreactor system.  The Specification also                          
                discloses that oxygen consumption is a measure of how much water                                   
                evaporates from the system, and is therefore also a measure of how much                            
                water must be added to the system to maintain a suitable temperature.  To                          
                follow the Specification’s direction and use oxygen consumption as a                               
                measure of how much water to add, one must necessarily measure oxygen                              
                consumption.                                                                                       
                       Given these facts, we do not agree with the Examiner that the                               
                Specification failed to convey to one of ordinary skill that Appellant                             


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