Ex Parte Shenoi - Page 8




             Appeal No. 2007-0161                                                                                                                 
             Application No. 09/797,287                                                                                                           
                    Break through means that the quantity of contaminant in the water exiting the                                                 
                    carbon filter tanks is above the acceptable threshold.  At that point the system                                              
                    is shut down and one or more of the carbon filter tanks is replaced with a new                                                
                    tank, wherein each tank costs about $500. The cost of new tanks and the lost                                                  
                    operational time to change the tanks adds to the cost of cleaning the                                                         
                    groundwater.                                                                                                                  
                    The examiner concludes that (Answer, page 5)                                                                                  
                           [o]ne skilled in the art would have readily appreciated the use of these                                               
                    known filters as a precautionary step and/or polishing filter to address any                                                  
                    residual contaminants that may pass the other purification measures.                                                          
                    Additionally it would have been obvious to employ a vacuum extraction                                                         
                    technique to extract liquid from the ground, with vacuum being a known                                                        
                    technique for accomplishing this, as taught by applicant [in the specification,                                               
                    page 1, paragraph 3.]                                                                                                         
                    Appellant does not specifically respond to this rejection but relies on their indicated                                       
             failings of Rentschler to overcome this rejection.   Brief, page 12.    In view of our findings                                      
             regarding the disclosure of Rentschler, herein, this rejection is affirmed.                                                          


                    35 U.S.C. § 103(a)                                                                                                            
                    Claims 5, 12, 13, 34, 36 and 37 stand rejected under 35 U.S.C. § 103(a) over                                                  
             Rentschler in view of O'Brien.                                                                                                       
                    The examiner relies on O'Brien for the disclosure of the use of activated carbon to                                           
             treat effluent water that has passed through a stripper, in order to reduce volatiles to                                             
             nondetectable levels.  Column 1, lines 20-45.                                                                                        


                    Based on this evidence, the examiner concludes it would have been obvious to                                                  
             incorporate activated carbon into the system of Rentschler in order to reduce volatiles to                                           
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