Ex Parte Hernandez et al - Page 3

               Appeal 2007-3548                                                                            
               Application 10/627,947                                                                      
               binding compound to bind a metal cation, and a sorbent to sorb the                          
               compound and allow the compound and the metal cation bound thereto to be                    
               removed from the acidic solution.  The Specification states:  “granular                     
               activated carbon and a benzotriazole may be added to a metal containing                     
               solution, such as an acid mine drainage, or industrial wastewater, in order to              
               coordinate the bind [to] the metal with benzotriazole, and sorb the                         
               benzotriazole to the activated carbon, and remove the resulting three                       
               component granular structures by settling, filtering, or other solid separation             
               technique common to the wastewater treatment arts” (Specification 18,                       
               ¶ 101).                                                                                     
                      Appellants describe the suitability of using the claimed invention in                
               specific acidic solutions as follows:                                                       
                            Experiments indicate that the metal binding compounds                          
                      and sorbents may be used in combination to remove metals                             
                      from a strongly acidic aqueous solution having a pH between                          
                      about 2-3, or a moderately acidic solution having a pH between                       
                      about 3-5, or a mildly acidic solution having a pH between                           
                      about 5-7.  Many terrestrial waters affected by acid mine                            
                      drainage are strongly or moderately acidic as are many                               
                      industrial wastewaters.  Advantageously, this means that such                        
                      acidic waters may be treated by the present invention without,                       
                      or without significant, pH adjustments.  Experiments also                            
                      indicate that the present invention may be used to remove metal                      
                      ions from solution, such as copper, zinc, cobalt, nickel, gold,                      
                      and lead, from acid waters having a temperature between about                        
                      1-30°C or more favorably between about 5-15°C.                                       
               (Specification 21, ¶ 111).                                                                  
                      Thus, in the present case, a solution having a pH ranging from 2-                    
               7 is an acidic solution.                                                                    
                      Activated carbon is one example of a sorbent suitable for use in the                 
               present invention.  The Specification discloses that activated carbon is used               

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