Appeal 2006-2860
Application 10/737,502
said weir having an opening positioned below said inlet and said
outlet which fluidly connects said inlet and outlet chambers,
microbes capable of biodegrading organic waste in said inlet chamber,
a pump having an inlet open to said inlet chamber adjacent a bottom
of said inlet chamber and an outlet open to said inlet chamber adjacent a top
of said inlet chamber,
wherein upon activation, said pump circulates liquid contained in said
inlet chamber from the bottom of said inlet chamber and to the top of said
inlet chamber and below [sic, the] liquid level of said inlet chamber.
The Examiner asserts that Weber discloses a tank having an interior
chamber that is divided into an inlet chamber and an outlet chamber by a
weir. The Examiner asserts that Weber fails to specify a pump which is
required by appealed claim 1. (Answer 4). To remedy the difference
between the claimed invention and the Weber reference the Examiner cites
Ozama. Specifically, the Examiner states "Ozama discloses a pump 9 (see
FIG. 8) having an inlet open to a chamber adjacent a bottom of the chamber
an outlet 13 open to the inlet chamber adjacent a top of the inlet chamber,
the pump circulating liquid contained in the chamber from the bottom [of]
the chamber and to the top of the inlet chamber and below liquid level of the
inlet chamber and suggests that such an arrangement aerates the water
surface and activates aerobic microorganisms supplied to the grease trap and
such a system is simple and economical." The Examiner concludes that it
would have been obvious to insert the pump of Ozama in the interior
chamber of Weber. (Answer 4-5). We do not agree.
We agree with Appellants (Br. 6) that it is not exactly clear where the
Examiner suggests placing the pump 9 of Ozama in the Weber device. We
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