Appeal No. 1997-0659
Application No. 08/318,462
under 35 U.S.C. § 103 as unpatentable over the combination of
the Gannon Abstract, Kirk, and Lindgren.
We cannot sustain the stated rejections. The subject
matter on appeal is directed to a foam transport process for
in-situ remediation of contaminated soils in which at least
one treating agent, such as nutrients, trace metals, bacterial
cultures, oxidants, solvents and/or surfactants, is introduced
into a contaminated soil and transported by a foam-based fluid
to an underground in-situ treatment zone of the contaminated
soil. In a preferred embodiment of the invention, the foam-
based fluid comprises an organic foam comprising between about
5% and about 50% of a liquid and between about 50% and about
95% of a gas. See the specification at page 13. As appellant
makes clear in the Summary of Invention section of his brief,
the critical feature of the process of the claimed invention
is the use of a foam-based fluid to transport “at least one
treating agent” to the underground in-situ treatment zone of
the contaminated soil.
The examiner’s anticipation rejection of appealed claims
1, 2, 6, 8, 9, and 11 through 14 is predicated on his factual
determination that the Gannon Abstract teaches a process for
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