Ex parte RUSSELL et al. - Page 14




          Appeal No. 1997-4285                                      Page 14           
          Application No. 08/420,852                                                  


          added to the wastewater in the clarifier 40 as required by                  
          claim 9 but is added to the wastewater in mixer reactor 22.                 
          Thus, step (a) of claim 9 is not taught by Pahmeier.                        


               It is our view that claim 1 requires that steps (a), (b),              
          (c) and (d) be performed in a reactor/settling tank.  We reach              
          this conclusion based upon                                                  
          (1) step (a) reciting placing wastewater into a                             
          reactor/settling tank;                                                      
          (2) step (b) reciting additively mixing a water purifying                   
          composition and an oxidant into the wastewater to yield a                   
          mixture;                                                                    
          (3) step (c) reciting neutralizing the pH of the mixture to                 
          7.5-9.4; and                                                                
          (4) step (d) reciting allowing the mixture to stand until the               
          purifying composition forms a sludge at the bottom of the tank              
          leaving an essentially heavy metal and oil free supernatant.                
          While Pahmeier's clarifier 40 is a tank in which steps (a),                 
          (c) and (d) are performed, step (b) is not performed in                     
          Pahmeier's clarifier 40.  In that regard, Pahmeier's oxidizing              








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