Ex Parte Augenstein - Page 15

                Appeal 2007-2235                                                                                   
                Application 10/138,617                                                                             

                       Claims 2, 5, 14, and 22 were not argued separately from claim 1 (see                        
                Br. 5).  Claims 2, 5, 14, and 22 therefore fall with claim 1.  37 C.F.R.                           
                § 41.37(c)(1)(vii).                                                                                
                       Appellant separately argues the patentability of claim 7 over Hudgins,                      
                Kneer, and Apel (Br. 14-15).  Claim 7 recites permeating gases                                     
                contaminated with biodegradable pollutants into a landfill of at least 1000                        
                tons, measuring the oxygen consumption of the landfill, providing 50 to 120                        
                ml of water for each gram atomic weight of oxygen consumed by the                                  
                landfill, and maintaining the landfill such that the microorganisms in the                         
                landfill substantially reduce the gaseous contaminants.                                            
                       Regarding claim 7, the Examiner states that Hudgins “discloses that                         
                optimal moisture and temperatures are maintained within the bioreactor                             
                device[,] that air and leachate are supplied in a controlled manner to achieve                     
                optimum moisture content and temperatures[,] and that a plurality of                               
                measurements including off-gas concentration and temperature are vital for                         
                optimizing performance of the system” (Answer 7, citations omitted).  The                          
                Examiner concludes that one of ordinary skill in the art would have                                
                considered it obvious “to measure parameters such as oxygen consumption                            
                and temperature and control process conditions such as liquid amendment                            
                feed to the bioreactor so as to optimize the reaction conditions within the                        
                bioreactor so as to efficiently biodegrade the pollutants in the gas stream”                       
                (id.).                                                                                             
                       Appellant argues that “none of the references discloses or suggests                         
                measuring oxygen consumption in a landfill and providing an aqueous                                
                amendment to said landfill at a volume of from 50 to 120 ml water per gram                         


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