Ex parte RUSSELL et al. - Page 8




          Appeal No. 1997-4285                                       Page 8           
          Application No. 08/420,852                                                  


          obviousness is established by presenting evidence that would                
          have led one of ordinary skill in the art to combine the                    
          relevant teachings of the references to arrive at the claimed               
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,               
          1016, 173 USPQ 560, 562 (CCPA 1972).                                        


               In this case, it is our view that even if it would have                
          been obvious at the time the invention was made to a person                 
          having ordinary skill in the art to have modified Pahmeier in               
          the manner set forth by the examiner (final rejection, pp. 3-               
          4), such modifications would not have arrived at the claimed                
          invention for the reasons that follow.                                      


               Pahmeier discloses a system 10 for treating wastewater                 
          discharged from airplane manufacturing operations.  The system              
          10 includes a variety of sequential chemical adjustments to                 
          the waste stream which can remove substantially all toxic                   
          organics and heavy metals therefrom.  As shown in Figure 1, a               
          water waste stream, including any of the toxic organics and                 
          metals described previously, is input into the system at 12.                







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