Ex Parte Sivavec et al - Page 4



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

               (X)    claim 16                                                        
               (XI)   claims 23-25 and 29-35;1 and                                    
               (XII)  claim 62.                                                       
               We have thoroughly reviewed each of appellants' arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter would have been                
          obvious to one of ordinary skill in the art within the meaning of           
          § 103 in view of the applied prior art.  Since we fully concur              
          with the examiner's reasoned analysis and application of the                
          prior art, as well as her cogent disposition of the arguments               
          raised by appellants, we will adopt the examiner's reasoning as             
          our own in sustaining the rejections of record.                             
               There is no dispute that the PRB Papers and The Corps of               
          Engineers Papers evidence that it was known in the art to employ            
          the PRB treatment of contaminated water.  As recognized by the              
          examiner, the references fail to teach the presently claimed in-            
          well transmitting of the signal which senses the effectiveness of           
          the PRB treatment for wireless communication to a remote                    
          collector or monitor.  However, as set forth by the examiner,               
          Misquitta teaches the use of wireless transmission of in-well               
          monitoring and sensing of contaminants in underground water.                

               1 Claims 36-43 have been cancelled.                                    
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