Ex parte CLARK - Page 3




          Appeal No. 96-2058                                                          
          Application No. 08/147,090                                                  

          therein and the proximal ends are located above said                        
          groundwater and/or wastewater;                                              
               introducing a purging gas under at least atmospheric                   
          pressure into the proximal ends of said conduits, each of said              
          conduits having a small diameter chosen so that said gas will               
          form a large volume of small bubbles as it flows from the                   
          distal ends thereof, said bubbles serving to remove said                    
          hydrocarbon contaminants from said groundwater and/or                       
          wastewater as they travel upward to the surface area of said                
          groundwater and/or wastewater; and                                          
               removing the contaminated gases from the surface area of               
          said groundwater and/or wastewater.                                         
               The references relied upon by the examiner in the                      
          rejections                                                                  
          before us are:                                                              
          Ely et al.          4,765,902                     Aug. 23, 1988             
          (Ely)                                                                       
          Gorelick et al.     5,180,503                     Jan. 19, 1993             
          (Gorelick)                                                                  
               Claims 28 through 30 stand rejected under 35 U.S.C. §                  
          102(e) as being anticipated by Gorelick.                                    
               The remaining claims on appeal stand variously rejected                
          under 35 U.S.C. § 103 as being unpatentable over Gorelick or                
          Gorelick in view of Ely.                                                    
               As a preliminary matter, we observe that the claims on                 
          appeal will stand or fall together; see page 5 of the brief                 
          and 37 CFR § 1.192(c)(7)(1995).                                             


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