Appeal No. 2005-2694
Application No. 10/208,631
therethrough while holding back entrained soil, silt and debris.
According to Albright,
[t]he Agromin Bio-Filter Bags are suitable for open
slopes and embankments, gullies, catch basins, culvert
retention areas, roadside ditches, swales and around
drain openings.
The filter bags are easily installed. At about
forty-five pounds each, workers can readily handle them.
Depending on application, the bags can be staked in
place using two 1 x 2 inch wood stakes or their
equivalent for each filter bag [page 2].
As implicitly conceded by the examiner (see pages 3 and 4 in
the answer), Albright does not meet the limitations in independent
claims 1, 113 and 114 requiring (1) the mesh material to have a
nominal opening size of less than 0.5 inches and (2) the enclosure
or tube to have a length to diameter ratio of greater than 40 (or
approximately 40).
Grabhorn discloses a water permeable erosion control bag
similar in many respects to the one disclosed by Albright. The
Grabhorn bag consists of hammer-milled wood fragments packed within
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