Ex parte MENGER et al. - Page 3




             Appeal No. 95-0802                                                                                   
             Application 07/814,078                                                                               



                                            DECISION ON APPEAL                                                    
                    This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 47                 
             through 56, all the claims pending in the application.                                               
                    Claims 47 and 48 are the independent claims pending in this application and are               
             illustrative of the subject matter of this appeal; they read as follows:                             
                    47.  A method for producing methane from coal comprising:                                     
                    homogenizing termite digestive tracts to produce a homogenate;                                
                    incubating a coal substrate in an incubation medium comprising said homogenate                
             and methanogens, said methanogens selected from the group consisting of methanogens                  
             of the homogenate and exogenous methanogens under anaerobic conditions sufficient to                 
             generate methane; and                                                                                
                    recovering methane from said incubation medium.                                               
                    48.  A method for producing methane from coal comprising:                                     
                    homogenizing termite digestive tracts to produce a homogenate;                                
                    culturing said homogenate in bacterial enrichment medium to produce                           
             homogenate-derived microflora;                                                                       
                    incubating a coal substrate in an incubation medium containing said homogenate-               
             derived microflora under conditions sufficient to generate methane; and                              
                    recovering methane from said incubation medium.                                               
                    The references relied upon by the examiner are:                                               
             Johnson                    3,640,846                  Feb. 8, 1972                                   
             Condensed Chemical Dictionary, (8th ed., Van Nostrand Reinhold Co., New York, 1974)                  
             Lee et al. (Lee 1971), ed. "Termites and Soils," Academic Press, pp. 128-45 (1971)                   
             French et al. (French), "Lignin Degradation in the Termites Coptotermes lacteus and                  
             Nasutitermes exitiosus," Mater. Org., (Berl.), Vol. 10, no. 4, pp. 281-88 (1975)                     


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