Ex parte MENGER et al. - Page 8




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


                    The claimed invention is directed to a method of generating methane from coal by              
             incubating coal with termite digestive tracts or methanogens derived from the digestive              
             tracts, with or without the addition of exogenous methanogens.                                       
                    The prior art relied upon establishes that production of methane from lignite and             
             sub-bituminous coal using a microbial consortium from sewage sludge was known at the                 
             time of the invention.  Production of methane from wood using organisms present in                   
             termite digestive tracts was also known; and finally, the organisms were known to produce            
             methane by degrading cellulose and lignin.  The Examiner relies upon the Condensed                   
             Chemical Dictionary (CCD) to establish that “[t]he composition of a coal such as lignite             
             would reasonably be expected to be similar to the wood from which it is derived with                 
             respect to lignin and cellulose content.”  The CCD defines  “lignin” as the major                    
             noncarbohydrate constituent of wood; “lignite” as a low rank coal between peat and sub-              
             bituminous; and “peat” as partially decayed vegetable matter.                                        
                    The Examiner concludes that it would have been obvious for one of ordinary skill in           
             the art to have substituted microorganisms from termite digestive tracts for                         
             microorganisms from sewage sludge in producing methane from coal, because of the                     
             similarities between the prior art processes of generating methane from coal and from                
             wood;  the similarities between coal and wood;  and the recognition in the art that                  




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