Ex parte MILLER et al. - Page 2


                  Appeal No. 1998-3386                                                                                     
                  Application No. 08/265,698                                                                               

                         Claim 1 is illustrative of the subject matter on appeal and is reproduced                         
                  below:                                                                                                   
                         1. A method of degrading compounds contained in a liquid or solid waste                           
                            stream, comprising the steps of:                                                               
                            a)      providing in any order i) a reaction containing means having a                         
                                semi-permeable membrane partition and first and second sides of                            
                                said partition, ii) a manganese peroxidase derived from a white rot                        
                                fungus, for which said membrane is not permeable, and iii) at least                        
                                one substrate for said peroxidase;                                                         
                            b)      adding in any order, under conditions suitable and for a time                          
                                sufficient to produce a reaction intermediate that is capable of                           
                                degrading compounds in said waste stream, i) to said first side of                         
                                said partition, said peroxidase and said substrate to create a reaction                    
                                mixture, thereby generating a reaction intermediate for which said                         
                                membrane is permeable, ii) to said second side of said partition, said                     
                                compound-containing waste stream; and                                                      
                            c)      applying a pressure to said reaction mixture on said first side of                     
                                said partition so as to force said reaction intermediate across said                       
                                membrane into said compound-containing waste stream, under                                 
                                conditions suitable and for a time sufficient to degrade said                              
                                compounds by the action of said intermediate upon said compounds,                          
                                thereby degrading said compounds.                                                          
                         The reference relied upon by the examiner is:                                                     
                  Lackner et al. (Lackner), “Oxidative degradation of high molecular weight                                
                  chlorolignin by manganese peroxidase of Phanerochaete chrysosporium,”                                    
                  Biochemical and Biophysical Research Communications, Vol. 178, No. 3, pp.                                
                  1092-1098 (1991)                                                                                         
                                               GROUND OF REJECTION                                                         
                         Claims 1, 3, 5-10, 12, 14-17, 21 and 23-33 are rejected under 35 U.S.C.                           
                  § 103 as being unpatentable over Lackner.                                                                
                         We reverse.                                                                                       







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