Ex Parte Moffett - Page 5




          Appeal No. 2003-1274                                                        
          Application No. 09/802,712                                 Page 5           


          useful for treating the type of materials that Davis treats.                
          Moreover, as suggested at page 7 our decision, appellant’s                  
          specification attaches no criticality to the choice of                      
          flocculating materials.                                                     
               Nor do we agree with appellant’s characterization of the               
          prior art teachings as failing to suggest the functionality or              
          effectiveness of a cationic organic polymer flocculant addition             
          to a second pH adjusted waste stream as argued at page 4 of the             
          request.  This is so for the reasons set forth by the examiner in           
          the answer and as we discussed in our decision and above.  See              
          pages 4-7 of our decision and pages 5 and 6 of the examiner’s               
          answer.  Thus, we mantain our holding that one of ordinary skill            
          in the art would have been led to modify the process of Davis               
          based on the combined teachings of Davis and Chung by using                 
          another flocculant comprising a cationic organic polymer with a             
          reasonable expectation of success in so doing.                              
               Appellant’s comments at page 5 of the request concerning our           
          affirmance of the examiner’s second § 103(a) rejection                      
          additionally relying on Keys have been considered.  However,                
          appellant’s have not persuaded us of any error in our decision.             
          A reading of the text following the Point 3 heading of the                  
          request (page 5), including the faulty comparative example                  







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