Appeal No. 2000-1091 3
Application No. 08/874,167
Pool 5,433,829 Jul. 18, 1995
Carrigan et al (Carrigan), “A fully Coupled Model for 3-d partially saturated flow and
transport in Soil Ohmically heated by application of multiphase AC electrical potentials.”
(April 1995).
THE REJECTION
Claims 1, 2, 4 through 20 and 22 through 24 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Pool in view of Carrigan.
OPINION
We have carefully considered all of the arguments advanced by the appellants and
the examiner and agree with the examiner that the rejection of the claims is well founded.
Accordingly, we affirm this rejection.
The Rejection Under § 103(a)
As an initial matter appellants argue claims 2, 12, 15 and 20 separately from claim
1. See Brief, page 7. Accordingly, we consider independent claims 1 and 15 and
dependent claims 2, 12, and 20. See 37 CFR § 1.192 (c)(7)( 1998). As to the
balance of the claims, no other claims have been grouped separately; accordingly, they
stand or fall together with the respective aforementioned independent claims.
The Rejection Over Pool in View of Carrigan
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