Ex Parte Augenstein - Page 1



                               The opinion in support of the decision being entered today                          
                                        is not binding precedent of the Board.                                     
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                  __________                                                       
                             BEFORE THE BOARD OF PATENT APPEALS                                                    
                                           AND INTERFERENCES                                                       
                                                  __________                                                       
                                       Ex parte DON C. AUGENSTEIN                                                  
                                                  __________                                                       
                                               Appeal 2007-2235                                                    
                                            Application 10/138,617                                                 
                                            Technology Center 1700                                                 
                                                  __________                                                       
                                           Decided:  August 20, 2007                                               
                                                  __________                                                       
                Before DONALD E. ADAMS, ERIC GRIMES, and RICHARD M.                                                
                LEBOVITZ, Administrative Patent Judges.                                                            
                GRIMES, Administrative Patent Judge.                                                               


                                           DECISION ON APPEAL                                                      
                       This is an appeal under 35 U.S.C. § 134 involving claims to a method                        
                of removing biodegradable pollutants from contaminated gases.  The                                 
                Examiner has rejected the claims as having new matter and being obvious.                           
                We have jurisdiction under 35 U.S.C. § 6(b).  We reverse the new matter                            
                rejection and affirm the obviousness rejections.                                                   







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