Appeal No. 95-0802
Application 07/814,078
microorganisms found in termite digestive tracts produce methane by degrading lignin and
cellulose.
After careful review of the references and the reasoning presented in the rejection,
we are in agreement with Appellants that the rejection rests upon two inferences: (1)
methanogens derived from termite digestive tracts and methanogens derived from
sewage sludge are functionally equivalent, and (2) coal and wood are equivalent
substrates. The problem with these two inferences is that they are interdependent. The
methanogens from the two sources can be recognized as functional equivalents only if the
two substrates, coal and wood, are also recognized as equivalent, and vice versa.
However, pointing to the Kirk-Othmer Encyclopedia of Chemical Terminology (Third Ed.,
Vol. 6, 1979, pages 224-241) as support, Appellants argue that coalification alters plant
matter chemically and physically, depleting the plant matter of some constituents and
causing the formation of complex organic compounds such as polymers with fused
aromatic rings and crosslinking. In light of this, the evidence relied upon by the Examiner
to establish that wood and coal are viewed in the art as chemically and physically similar is
not persuasive, and inference (1) cannot be sustained. In reaching this conclusion, we
have taken into account that the substrates encompassed by the claims include low grade
coals (e.g., lignite). However, CCD does not provide sufficient evidence to establish that
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