Ex Parte CARRIGAN et al - Page 4




               Appeal No. 2000-1091                                                                             4                
               Application No. 08/874,167                                                                                        

               It is the appellants’ position that, “[t]he examiner incorrectly contends that Pool                               
               teaches ‘electro-osmosis and heating of the soil by a DC with AC superimposed thereon.”                           
               See Brief, page 7.  We disagree.                                                                                  
               Pool is directed to the electroreclamation of soil material.  See column 1, lines                                 
               9-10.  To that effect Pool teaches “bringing a plurality of electrodes into                                       
               current–conducting connection with the soil material to be reclaimed; bringing a portion of                       
               the electrodes into current-conducting connection with the positive or negative pole of a                         
               source of DC voltage, bringing the remaining portion of the electrodes into contact with                          
               the other pole of said source of DC voltage, thereby forming one or more anodes and one                           
               or more cathodes and passing an electric current through the soil material to be reclaimed                        
               between the differently charged electrodes.”  See column 1, lines 10-20.                                          
               We find that Pool’s process is directed to bringing polluted ground material, for                                 
               example, earth polluted with heavy metals back to its original state.  See column 2, lines                        
               7-9, and 48-50.  We find that although the disclosed process contains only one example,                           
               Pool states that, “the parameters of the conditioning process of soil material according to                       
               the invention, for example, the voltage to be maintained between the anode(s) and                                 
               cathode(s), the composition of the mediums of the region adjoining the anode(s) and                               
               cathode(s), which composition is to be controlled, the duration of the treatment etc.,                            
               depend upon the nature of the soil being treated (sand, peat, clay etc. ), the nature (heavy                      
               metals, harmful anions etc.)  and degree of pollution thereof, etc. and hence cannot be                           






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