Appeal No. 1996-1914
Application No. 08/159,739
composting unit must be separate and distinct from the other
subsystems.
Referring to Northrop, we note that the Northrop
ecoreactor, which is a constructed wetland system (col. 3, l.
49-50), corresponds to appellants' reed bed. Even if the
formation of humus in Northrop's ecoreactor could be
considered a form of composting, the examiner has failed to
explain why it would have been obvious, within the context of
35 U.S.C. § 103, to transfer solids from the ecoreactor to a
separate composting station. In this regard, we find no basis
whatsoever for the examiner's allegation that humus formation
or a composting operation takes place in the Northrop
georeactor, or even that any solids from the other subsystems
are transferred to the georeactor.
For the foregoing reasons, the decision of the examiner
is reversed.
REVERSED
MARC L. CAROFF )
Administrative Patent Judge )
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