Ex parte GLENDENING et al. - Page 3




                     Appeal No. 94-2818                                                                                                                                                
                     Application 07/834,771                                                                                                                                            


                                                     (a) providing a flexible bag for holding                                                                                          
                     concentrated microorganisms that can degrade the waste                                                                                                            
                     material for storage and shipment in the bag prior to use;                                                                                                        
                                                     (b) filling the bag with water to form a liquid                                                                                   
                     culture medium with the microorganisms; and                                                                                                                       
                                                     (c) metering the liquid culture medium from the                                                                                   
                     bag using a feed line leading from the bag into the waste                                                                                                         
                     material over time to degrade the waste material, wherein the                                                                                                     
                     liquid culture medium is maintained at ambient temperatures                                                                                                       
                     during the metering.                                                                                                                                              
                                The examiner has relied upon the following references as                                                                                               
                     evidence of obviousness:                                                                                                                                          
                     Bond                                                                       4,138,036                                             Feb.                             
                     6, 1979                                                                                                                                                           
                     Clarke et al. (Clarke)                                           4,415,085                                            Nov. 15,                                    
                     1983                                                                                                                                                              
                     Daggett et al. (Daggett)                                                   4,879,239                                             Nov.                             
                     7, 1989                                                                                                                                                           
                     Miller et al. (Miller)                                           4,911,832                                            Mar. 27,                                    
                     1990                                                                                                                                                              
                     Mogna                                                 WO 90/02167                                                     Mar.  8,                                    
                     1990                                                                                                                                                              
                     (Published International Application)                                                                                                                             

                                Claims 1 through 37 stand rejected under 35 U.S.C. § 103                                                                                               
                     as unpatentable over Miller in view of Mogna, Clarke, Bond and                                                                                                    
                     Daggett.   We affirm this rejection for substantially the3                                                                                                                                                


                                3    The final rejection of claims 22-29 and 36 under the second paragraph of 35                                                                       
                     U.S.C. § 112 has been withdrawn by the examiner in view of appellants’ amendment dated                                                                            
                     Sept. 1, 1993 (see the advisory action dated Sept. 14, 1993 (Paper No. 11), and page 2                                                                            
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