United States Patent and Trademark Office, Patent Trial and Appeal Board
Ex Parte GAVIN McINTYRE, EBEN BAYER, and CHRISTOPHER SCULLY Application No. 13/617, 611 Technology Center 1600
DATE: September 14, 2012
ELIZABETH A. LAVIER, RY ANH. FLAX, and KRISTI L. R. SA WERT,
Administrative Patent Judges.
DECISION ON APPEAL
LAVIER, Administrative Patent Judge.
to 35 U.S.C. § 134(a), Appellants seek reversal of the
Examiner's rejections of claims 1, 2, 5, 6, 9, and 10. We
have jurisdiction under 35 U.S.C. § 6(b). For the
reasons set forth below, we AFFIRM-INPART.
Specification relates to composite materials comprising
saphrophytic fungi and particulate materials. See
Spec. 1-2. Claims 1 and 10 are representative:
1. A composite material comprising
a saprophytic fungi strain characterized in producing an
enzyme capable of breaking down polycyclic aromatic
a mass of particles wherein said fungi forms a plurality of
hyphae enveloping and surrounding said particles to form a
thin dehydrated self-supporting mat of a thickness of less
than one inch.
10. A composite material comprising a mass of pellets, each
said pellet composed of a saprophytic fungi strain
characterized in producing an enzyme capable of breaking down
animal waste and a particulate material wherein said fungi
forms a plurality of hyphae bonded to said particulate
Claims Appendix 1.
MAINTAINED ON APPEAL
Claim 10 stands rejected under 35 U.S.C. § 102, as
anticipated by Bayer,  as evidenced by Norvell. Ans. 4.
Claims 1, 2, 5, 6, and 9 stand rejected under 35 U.S.C.
§ 103, as unpatentable over Bayer, Kamzolkina,  and
Novoselova,  as ...