Ex Parte Sivavec et al - Page 2



          Appeal No. 2005-0663                                                        
          Application No. 09/682,142                                                  

               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Misquitta                    5,639,380              Jun. 17, 1997           
          "Field Applications of In Situ Remediation Technologies:                    
          Permeable Reactive Barriers," US EPA Document No. 542-R-99-002              
          (Apr. 1999) (hereinafter "PRB Papers")                                      
          "Design Guidance for Application of Permeable Barriers to                   
          Remediate Dissolved Chlorinated Solvents," Proponent:  CEMP, US             
          Army Corps of Engineers Document No. DG 1110-345-117 (Feb. 1997)            
          (hereinafter "The Corps of Engineers Papers")                               
               Appellants' claimed invention is directed to a method for              
          the permeable-reactive barrier (PRB) treatment of contaminated              
          aqueous medium, such as water.  According to appellants, a PRB              
          method depends upon natural groundwater flow and "a barrier of              
          reactive materials is placed in the path of a naturally spreading           
          plume of groundwater contaminants" (page 2 of principal brief,              
          first paragraph).  Appellants explain that "[i]f the PRB is                 
          properly placed with respect to the spreading plume and if the              
          PRB is properly oriented and designed, the barrier will                     
          effectively intercept the plume and impart a residence treatment            
          time to adequately treat the plume contaminants before the plume            
          has passed through the barrier" (id.).  The PRB method for                  
          treating contaminated water is in contrast to the "pump-and-                
          treat" method wherein "contaminated water is extracted from                 
          groundwater, treated above ground and re-injected or discharged             
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