Appeal No. 2000-1872
Application No. 09/087,746
Background
The applicants describe the invention at pages 1 and 2 of the specification as
being directed to compositions which contain an effective quantity of beneficial aerobic
microorganisms, an effective quantity of at least one water soluble colorant, and, optionally,
an effective quantity of growth accelerators for the microorganisms. The compositions are
stated to be useful in the treatment of natural bodies of water to control organic pollutants,
algae, and/or weeds.
Discussion
In considering the issues raised by this appeal we have carefully considered the
positions of the examiner as set forth in the Examiner's Answer of June 1, 2000 (Paper No.
12) and the appellants' position as set forth in the Appeal Brief filed February 17, 2000
(Paper No. 11) and the Reply Brief filed June 23, 2000 (Paper No. 13).
Opinion
The rejection under 35 U.S.C. § 102(b)
In rejecting claims 1 - 16, 19, and 20 as anticipated by Diamond, the examiner has
relied upon Diamond as teaching the presently claimed composition stating "[t}he
essential components are A) microbes to digest (the claim 1 instant ‘eliminate’ or ‘reduce’)
oil (the instant claim 1 organic pollutant) B) a dye (the instant claim 1 colorant: C) nutrients,
nitrogen and phosphorus for Reproduction of the microbes-in other words, in the instant
claim 1 language - a growth accelerating quantity of a growth acceleration for component
3
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