Ex parte LICHT - Page 19




          Appeal No. 95-0972                                        Page 19           
          Application No. 07/650,453                                                  


               The appellant has grouped claims 22 and 24 as standing or              
          falling together.   Thereby, in accordance with 37 CFR7                                                          
          § 1.192(c)(7), claim 24 falls with claim 22.  Thus, it follows              
          that the decision of the examiner to rejection claim 24 under               
          35 U.S.C. § 103 is also affirmed.                                           


          Claims 26 through 29                                                        
               We will not sustain the rejection of claims 26 through 29              
          under 35 U.S.C. § 103.                                                      


               Claim 26 recites:                                                      
                    A method of reducing leachate from contaminated                   
               soils or landfills, said method comprising:                            
                    planting perennial tree stems having an upper and                 
               lower end and preformed root initials at a depth such                  
               that at     least two buds at the upper end of the stem                
               are above     the ground and at least two feet of the                  
               lower end is     buried; and                                           
                    allowing the stems to develop roots to remove water               
               from the soil, thereby preventing further leakage of                   
               water into the contaminated material and reducing                      
               leachate     creation.                                                 




               See page 3 of the appellant's brief.7                                                                     






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