Ex Parte Augenstein - Page 3

                Appeal 2007-2235                                                                                   
                Application 10/138,617                                                                             

                       Appellant separates the claims rejected under § 103 into three groups                       
                for argument: (1) claims 1, 2, 5, 14, and 22; (2) claims 7, 20, 21, and 24; and                    
                (3) claim 18 (Br. 5).1  Claims 1, 7, and 18 are therefore representative of the                    
                appealed rejections and read as follows:                                                           
                       1.  A method for removing biodegradable gaseous pollutants                                  
                       from contaminated gases, the method comprising:                                             
                              permeating said contaminated gases into a 1000 ton or                                
                       more tonnage landfill waste mass, wherein said gaseous                                      
                       pollutants comprise nitrogen oxides, including one or more of                               
                       nitrous oxide (N2O), nitric oxide (NO) and nitrogen dioxide                                 
                       (NO2); and                                                                                  
                              maintaining said waste mass such that microorganisms                                 
                       present in said waste mass biodegrade said gaseous pollutants                               
                       to substantially reduce said nitrogen oxides to N2.                                         
                       7.  A method for removing biodegradable gaseous pollutants                                  
                       from contaminated gases, the method comprising:                                             
                              permeating said contaminated gases into a landfill of at                             
                       least 1000 tons in landfill mass;                                                           
                              measuring oxygen consumption in said landfill;                                       
                              providing an aqueous amendment to said landfill at a                                 
                       volume of from 50 to 120 ml water per gram atomic weight of                                 
                       oxygen consumed in the landfill; and                                                        
                              maintaining said landfill such that microorganisms                                   
                       present in said landfill substantially reduce said gaseous                                  
                       contaminants.                                                                               
                       18.  The method according to claim 7, wherein said landfill                                 
                       comprises at least 40 hours detention time for said                                         
                       contaminated gases.                                                                         
                       Thus, claim 1 is directed to a method of removing biodegradable                             
                gaseous pollutants from gases contaminated with nitrous oxide, nitric oxide,                       
                                                                                                                  
                1 Appeal Brief filed August 23, 2006.                                                              

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