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Ex parte McIntyre

United States Patent and Trademark Office, Patent Trial and Appeal Board

August 16, 2016

Ex Parte GAVIN McINTYRE, EBEN BAYER, and CHRISTOPHER SCULLY Application No. 13/617, 611 Technology Center 1600

          FILING DATE: September 14, 2012

          Before ELIZABETH A. LAVIER, RY ANH. FLAX, and KRISTI L. R. SA WERT, Administrative Patent Judges.

          DECISION ON APPEAL

          LAVIER, Administrative Patent Judge.

         Pursuant 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.

         BACKGROUND

         The 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 hydrocarbons and
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 material.

         Substitute Claims Appendix 1.

         REJECTIONS MAINTAINED ON APPEAL

         1. Claim 10 stands rejected under 35 U.S.C. § 102, as anticipated by Bayer, [2] as evidenced by Norvell.[3] Ans. 4.

         2. Claims 1, 2, 5, 6, and 9 stand rejected under 35 U.S.C. § 103, as unpatentable over Bayer, Kamzolkina, [4] and Novoselova, [5] as ...


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