Ex Parte Tyler - Page 2



           Appeal No. 2005-2694                                                                                 
           Application No. 10/208,631                                                                           

                                       THE INVENTION                                                            
                The subject matter on appeal relates to “devices, systems, and                                  
           methods . . . for controlling erosion, retaining sediment,                                           
           preventing siltation, treating runoff, removing pollutants,                                          
           remediating environmental damage, protecting plants, bordering play                                  
           areas, absorbing spills, establishing vegetation, protecting                                         
           ecosystems, and/or restoring waterways and/or other riparian areas”                                  
           (specification, page 1).  Representative claims 1, 113 and 114 read                                  
           as follows:                                                                                          
                1.  A system comprising a first tubular mesh enclosure formed                                   
           from a mesh material having a nominal opening size of less than 0.5                                  
           inches, said first tubular mesh enclosure having a first opposing                                    
           pair of ends, at least one of said first opposing pair of ends                                       
           sealed, said first tubular mesh enclosure defining a first length                                    
           and a first generally oval cross-section defining a first major                                      
           diameter, a first ratio of said first length to said first major                                     
           diameter greater than approximately 40, said first tubular mesh                                      
           enclosure surrounding a filling.                                                                     
                113. A method for forming a storm water control device                                          
           comprising:                                                                                          
                placing a compost-based filling into a mesh tube formed from a                                  
           mesh material having a nominal opening size of less than 0.5                                         
           inches, a ratio of a length of the mesh tube to a diameter of the                                    
           mesh tube greater than 40; and                                                                       
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