Appeal No. 2005-2694
Application No. 10/208,631
Claims 1-3, 9-13, 15-21, 56, 69-71, 76-84, 113 and 114 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over
Albright in view of Grabhorn.
Claims 4-8 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Albright in view of Grabhorn and Burke.
Claim 14 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Albright in view of Grabhorn and either Ito or
Garcia.
Attention is directed to the main and reply briefs (filed
October 28, 2004 and March 30, 2005) and answer (mailed February 4,
2005) for the respective positions of the appellant and examiner
regarding the merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 103(a) rejection of claims 1-3, 9-13, 15-21, 56,
69-71, 76-84, 113 and 114 as being unpatentable over Albright in
view of Grabhorn
Albright discloses a so-called “Agromin Bio-Filter Bag”
designed for use on construction sites to prevent erosion from
storm water runoff. The “Bag” is a “12 by 9 by 40-inch long
object” (page 1) in the form of a mesh bag filled with 100 percent
recycled wood chips. This construction allows water to flow
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