Appeal No. 2007-0161
Application No. 09/797,287
method. Answer, pages 3-4.
Appellant contends that Rentschler fails to teach steps (c) applying a vacuum to the
tank and (d) heating the extracted groundwater to a temperature at which at least a portion
of the contaminant vaporizes and separates from the extracted groundwater, thereby
forming cleaned water. Brief, page 9.
However, the examiner finds that the "structure containing the stripper (16) is seen to
meet the limitation of a 'tank,'” as claimed. Answer, page 7. According to the examiner
,Rentschler teaches, “[e]ach tank of enclosure wall 32, stripper base 66, or even the
individual trays, is seen to constitute a tank.” Id. The vacuum pump (20) is applied to the
tank (column 6, lines 35-39). A "tank" is a "large container for holding or storing liquids or
gases, or a pool or reservoir". Webster's II, New Riverside Dictionary, Riverside Pub. Co.,
Boston, Massachusetts, p. 1183 (1994). We agree with the examiner that a tray as
described in Rentschler meets the definition of a reservoir for storing liquids or a tank. Thus,
contrary to appellant's contention, Rentschler teaches step (c) as claimed, applying a
vacuum to the tank. We find the examiner has provided sufficient evidence to support a
prima facie case of anticipation.
As to the heating step, the examiner finds that column 15, line 10, states that “this
arrangement advantageously may provide slight heating of the stripping air which should
facilitate water to air transfer of volatile contaminants.” Answer, page 8. In addition,
Rentschler, column 7, lines 15-35, describes that "[h]eated, VOC-carrying air flows upwardly
from a preheater in to a catalytic converter containing a catalyst… through which
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