Appeal No. 1998-0425 Page 3
Application No. 08/272,527
BACKGROUND
The appellants' invention relates to the treatment of
liquid media containing organic and/or inorganic foulants
(specification, p. 1). A copy of the claims under appeal is
set forth in Appendix A of this decision.
The sole ground of rejection before us in this appeal is
as follows:
Claims 2, 3 and 11-32 are again rejected under the
judicially created doctrine of obviousness-type double
patenting as being unpatentable over claims 1-20 of U.S.
Patent No. 4,889,620 in view of claims 1-38 of U.S.[1]
Patent No. 5,328,601 . It would have been obvious to[2]
modify the claimed apparatus of U.S. Patent No. 4,889,620
to include the sealing means, retaining means, and/or
measuring means recited in the claims of U.S. Patent No.
5,328,601. Further modifications such as the use of resin
plenums or hundreds of diffusion elements would have been
obvious to one of ordinary skill in the art. [Final
rejection, p. 2].
1Claims 1-20 of U.S. Patent No. 4,889,620 are set forth
in Appendix B of this decision.
2Claims 1-38 of U.S. Patent No. 5,328,601 are set forth
in Appendix C of this decision.
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