Ex parte RUSSELL et al. - Page 15




          Appeal No. 1997-4285                                      Page 15           
          Application No. 08/420,852                                                  


          agent (i.e., hydrogen peroxide) is not added to the wastewater              
          in the clarifier 40 as required by claim 1 but is added to the              
          wastewater in mixer reactor 22.  Thus, step (b) of claim 1 is               
          not taught by Pahmeier.                                                     


               We have also reviewed the other references applied by the              
          examiner but find nothing therein which makes up for the                    
          deficiency of Pahmeier discussed above.                                     


               For the reasons set forth above, the decision of the                   
          examiner to reject independent claims 1 and 9, and claims 2 to              
          8 and 10 dependent thereon, under 35 U.S.C. § 103 is reversed.              






















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