Appeal No. 1997-2755
Application 08/311,426
A further reference discussed by this merits panel is:
Dooley-Danna et al. (Dooley-Danna), “The Sequential Anaerobic/Aerobic Biodegradation
of Chlorinated Ethenes in an Aquifer Simulator,” Abstracts of the 89th Annual Meeting of
the American Society for Microbiology, Abstract No. Q-32, (1989),
p. 335.
Claims 1, 3 and 5 through 9 stand rejected under 35 U.S.C. §112, first paragraph
(enablement). Claims 1, 3 and 5 through 9 stand rejected under 35 U.S.C. §103. As
evidence of obviousness, the examiner relies upon Fathepure. We reverse.
DISCUSSION
1. CLAIM INTERPRETATION
Independent claim 1 recites a method of bioremediation of organic halide
contaminated groundwater which comprises the steps of (a) adding in situ to groundwater
contaminated with an organic halide and containing therein a microbial population capable
of reductive dehalogenation of the organic halide, a carbohydrate, and thereafter (b)
incubating the groundwater in situ under substantially reducing conditions to completely
reductively dehalogenate at least a portion of the organic halide. The limitations recited in
part (b) of claim 1 are defined on lines 32-33 of page 8 and lines 1-3 of page 9 in the
specification as follows:
“....the organic halide is completely reductively dehalogenated meaning that
all the halide groups of the organic halide are replaced with hydride groups.
3
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