Appeal No. 95-0802
Application 07/814,078
one skilled in the art would have considered lignite an equivalent substrate for
methanogens, regardless of their source.
We find that the Examiner has not met the initial burden of establishing a prima
facie case of obviousness. Accordingly, we reverse the rejection of claims 47 through 56
under 35 U.S.C. § 103.
OTHER ISSUES
The merits panel has become aware of the issuance of U.S. Patent 5,670,345 to
Srivastava, While the patent does not appear to be prior art, it is noted that claim 10 is
directed to a method of producing methane from coal by incubating the coal with an
anaerobic culture, Mic-1, which was isolated from Zootermopsis sp. (column 4, lines 9-20).
It is suggested that the Examiner review the patent upon return of the application to the
examining group and take whatever action may be deemed appropriate.
SUMMARY
The decision of the examiner is Affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
10
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