Appeal 2007-2235
Application 10/138,617
atomic weight of oxygen consumed in the landfill” (Br. 14). Appellant
urges that “[n]one of the references discloses or suggests the inventive
insight reflected in these claims that the amount of water that should be
provided is linked to the amount of oxygen consumed in biodegradation
reactions in the landfill” (id.). Appellant concludes that the Examiner’s
conclusory statement regarding measuring oxygen consumption “is far from
establishing any of the requirements for a prima facie case of obviousness”
(id.; see also Reply Br. 6-7).
We are not persuaded by this argument. Hudgins states that “[d]ata
collection is vital for optimizing the performance of the landfill and to
ensure its safe and efficient operation. Waste mass moisture content,
temperature and off-gas concentrations (volatile organic compounds, carbon
dioxide, oxygen, and methane) are measured . . .” (Hudgins, col. 6, ll. 21-25,
emphasis added). Hudgins also discloses that “if oxygen levels begin to
decline, air flow should be increased to maintain the rate of oxygen
consumption” (id. at col. 5, ll. 30-32). Because Hudgins discloses that
oxygen consumption is indicative of the overall performance of the landfill
bioreactor system, we agree with the Examiner that one of ordinary skill
would have considered it obvious to measure the system’s oxygen
consumption.
Hudgins also states that “[i]f temperatures of the waste mass begin to
increase, leachate application should be increased. If temperatures decrease,
oxygen levels should be increased by increasing air flow” (Hudgins, col. 5,
ll. 26-29). Thus, Hudgins also recognizes a relationship between
temperature, moisture, and oxygen consumption. For example, Hudgins
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