Ex Parte Hernandez et al - Page 5

               Appeal 2007-3548                                                                            
               Application 10/627,947                                                                      
                      Gruden discloses that the results from the research suggest that with                
               some modifications, modern biological treatment practices may be effective                  
               in treating wastes containing aircraft deicing fluids, as well as other wastes              
               containing benzotriazole derivatives.  Gruden also discloses that due to “the               
               physical/chemical properties of benzotriazole derivatives, specifically their               
               high sorptive capacity on activated carbon, and their ability to strongly                   
               chelate heavy metals, make these compounds a candidate for developing                       
               novel treatment processes” (Gruden 121).                                                    
                      Gruden concludes the following:                                                      
                            Current novel digester configurations (USAB) [upflow                           
                      sludge anaerobic blanket] have incorporated GAC as a support                         
                      matrix to retain high biomass levels.  Results from this research                    
                      indicate that the addition of GAC to an anaerobic treatment                          
                      system for ADF waste may diminish the toxic effects of MeBT                          
                      and may eliminate MeBT from the effluent. This design may be                         
                      fortuitous for other industrial waste streams because MeBT                           
                      sorbs to GAC while simultaneously binding heavy metals; thus,                        
                      adding MeBT to PACT [powdered activated carbon treatment]                            
                      or USAB may enable the treatment of waste streams with very                          
                      high metals content that would otherwise be toxic.                                   
               (Gruden 122-123).                                                                           
                      Reed describes the removal of heavy metals by activated carbon from                  
               complex waste streams (Reed 1986).  Reed studies the effects of varying the                 
               pH on the removal of the heavy metals (Reed 1987).  Reed reports results in                 
               the form of graphs that depict results for streams having an acidic pH to                   
               basic pH (Reed 1992-1998).                                                                  
                      Under 35 U.S.C. § 103, the factual inquiry into obviousness requires a               
               determination of:  (1) the scope and content of the prior art; (2) the                      
               differences between the claimed subject matter and the prior art; (3) the level             
               of ordinary skill in the art; and (4) secondary considerations.  Graham v.                  

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