Appeal No. 2007-0175 Page 5
Application No. 10/467,134
also Vion, column 4, lines 49-54. According to appellant (Brief, bridging
paragraph, pages 5-6),
[i]f there was any doubt as to whether Vion utilizes flotation
degreasing means, claim 1 makes it clear that Vion relies on
flotation degreasing means. Claim 1 describes Vion’s wastewater
treatment process. In this claim it is clear that the second volume
of wastewater . . . , includes floating particles . . . . Claim 1
describes the wastewater . . . being transferred to a third volume
. . . and that the wastewater therein contains floating particles.
Claim 1 describes introducing air bubbles into the third volume . . .
to accelerate the rate that the grease particles rise and to
encourage the binding of the grease particles. The process in
claim 1 is further described as transferring the third volume of
wastewater to the fourth volume and doing so in a manner that
ensures the flow of the surface layer of the third volume containing
the floating particles to the surface layer of the fourth volume. Then
the Vion process is described as:
skimminq the floating particles of the fourth volume, primarily
grease particles;
removing skimmed grease particles from the fourth volume
. . . .
Based on this discussion, appellant asserts (Brief, page 6), “[t]here can be no
doubt that the Vion process utilizes flotation degreasing means. The grease
particles are caused to coalescence and to rise to the surface of the wastewater
where the grease particles are skimmed and removed therefrom.”
We recognize the examiner’s assertion (Answer, page 3), notwithstanding
appellant’s arguments to the contrary, “the teachings of Vion also include the use
of a settling tank to remove flocculated matter and grease particles trapped in the
floc.” It is true that Vion teaches that during the “settling operation” of the
“mechanical-chemical treatment”, “flocculated matter and the grease particles
trapped in the floc are removed.” Vion, column 2, lines 49-56. There is,
however, no indication in Vion that at least 20% of the hexane extractable
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