Ex parte KEASLING et al. - Page 3




            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.              


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