Appeal No. 2005-2694
Application No. 10/208,631
providing the mesh tube to a location prone to storm-water
flow.
114. A method for forming a sediment 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
providing the mesh tub to a location prone to
sediment-containing water flow.
THE EVIDENCE
The items relied on by the examiner as evidence of obviousness
are:
Grabhorn 5,595,458 Jan. 21, 1997
Burke 5,679,247 Oct. 21, 1997
Ito et al. (Ito) 5,747,633 May 05, 1998
Garcia et al. (Garcia) 5,854,304 Dec. 29, 1998
Albright Seed Company, “Construction Site Erosion Costly, Illegal”
©1997, 1998 (Albright).
The item relied on by the appellant as evidence of non-
obviousness is:
The 37 CFR § 1.132 Declaration of Dr. Jerald S. Fifield filed
July 28, 2004.
THE REJECTIONS
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