Appeal No. 95-0730
Application 08/068,575
Unlike the treatment facilities disclosed in the Silinski
and Muller patents, the system disclosed in the Katz patent is
not a treatment facility for processing any type of material, let
alone a hazardous material. Instead, this reference discloses a
system having a vacuum pump connected to tubular conduits
inserted into a landfill to evacuate gas from the landfill to
make the landfill more compact. Thus, contrary to the examiner’s
position, we find no teaching in this patent or any of the other
cited references of connecting Katz’ ground-penetrating gas
extraction tubes to Silinski’s recovery facility.
In applying the references as he did, the examiner seems to
have lost sight of the fact that, as framed, his rejection
requires the modification of a particular treatment facility,
namely Silinski’s solvent recovery facility, not just any
treatment facility. Since the solvents to be recovered with
Silinski’s facility are not located in the ground, there is no
reason that would have motivated one of ordinary skill in the art
to connect Silinski’s facility to transport lines or tubes
extending into the ground. Furthermore, the Heintzelman and
Valiga patents do not rectify the deficiencies of the references
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