Ex parte GLENDENING et al. - Page 2




          Appeal No. 1997-2926                                                        
          Application No. 08/376,299                                                  


          Claims 1-3 and 5-15 are the only claims pending in this                     
          application.                                                                
               According to appellants, the invention is directed to a                
          method for treating an organic industrial waste to degrade the              
          waste by growing microorganisms on site in a disposable bag                 
          supported in a containment unit (Brief, page 2).  A copy of                 
          illustrative claim 1 is attached as an Appendix to this                     
          decision.                                                                   
               The examiner has relied upon the following references as               
          evidence of obviousness:                                                    
          Stone                         4,058,213          Nov. 15, 1977              
          Knowlton                      4,385,121          May  24, 1983              
          Clarke et al. (Clarke)        4,415,085          Nov. 15, 1983              
          Graves et al. (Graves)        4,786,192          Nov. 22, 1988              
          Dyadechko et al. (Dyadechko)  4,822,490          Apr. 18, 1989              
          Hoffman                       4,994,391          Feb. 19, 1991              
          Mogna et al. (Mogna)          WO 90/02167        Mar. 8, 1990               
          (Published International Application)                                       
               Claims 1-3, 5 and 7-14 stand rejected under 35 U.S.C. §                
          103 as unpatentable over Hoffman in view of Dyadechko, Stone,               
          Mogna, Clarke and Graves (Answer, page 4).  Claims 6 and 15                 
          stand rejected under 35 U.S.C. § 103 as unpatentable over the               
          references applied against claims 1-3, 5 and 7-14 further in                


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