Ex parte Wicks

Board of Patent Appeals and Interferences

Sep 18, 1998

07866780 (B.P.A.I. Sep. 18, 1998)

Application for patent filed April 1, 1992. 1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte GEORGE G. WICKS
____________
Appeal No. 95-1645
Application No. 07/866,7801
____________
ON BRIEF
____________
Before JOHN D. SMITH, WEIFFENBACH and WEIMAR, Administrative
Patent Judges.
WEIMAR, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the examiner's decision finally
rejecting claims 1-9 and 11-21, all of the claims pending in
the application.
Claim 1 is illustrative of the subject matter and reads
as follows:
Appeal No. 95-1645
Application No. 07/866,780
2
1. A method for encapsulating wastes, said method
comprising the steps of:
applying microwave energy to said wastes to raise the
temperature of said wastes to a first temperature, said first
temperature sufficient to incinerate organic material in said
wastes;
incinerating said organic material;
applying microwave energy to said wastes to raise the
temperature of said wastes from said first temperature to a
second temperature, said second temperature being higher than
said first temperature;
holding said waste at said temperature until said waste
melts; and
allowing said melted waste to cool.
The single reference relied upon by the examiner is:
Hardwick et al. (Hardwick), "The Vitrification of High-Level
Wastes Using Microwave Power," in International Seminar on
Chemistry and Process Engineering for High-Level Liquid Waste
Solidification, pp. 53-67, (June, 1981).
Claims 1-9 and 11-21 stand rejected under 35 U.S.C. § 103
over Hardwick. We reverse this rejection.
BACKGROUND
Claims 1-9 and 11-21 are directed to methods of treating
wastes to obtain a "glass" encased solid product. As
discussed on pages 1 and 2 of the specification, the methods
are particularly useful for encapsulating hazardous wastes and
reducing the amount of space dedicated to disposing of these
wastes. Vitrification of wastes, particularly radioactive
Appeal No. 95-1645
Application No. 07/866,780
3
waste, was known prior to the date of the claimed invention,
however the specific use of microwave energy in the specific
manner claimed is the inventive contribution of the disclosure
and claims at issue herein.
DISCUSSION
Claims 1-9 and 11-21 stand rejected under 35 U.S.C. § 103
over Hardwick. Hardwick teaches vitrification of particular
wastes using microwave energy. Hardwick is silent with
respect to incineration or incineration temperatures. All of
the claims specifically recite applying both a first
incineration temperature and a second higher temperature to
the waste being treated. However, the examiner concludes that
the overall process claimed and the end result are the same as
that disclosed by Hardwick. With respect to the first and
second temperatures the examiner states on page 4 of the
Examiner's Answer that:
the microwave heating taught by the Hardwick
reference would inherently include a low and
a high temperature.
The examiner has not pointed to any recitation of low and high
temperatures in Hardwick. We presume that the examiner is
referring to the fact that to reach a high temperature one
Appeal No. 95-1645
Application No. 07/866,780
4
must necessarily go through lower temperatures, thus any
material heated to vitrification temperatures went through
incineration temperatures as it was achieving the higher
temperature.
We cannot agree with the examiner's position. The
exposure of waste materials to two separate temperatures each
designed to achieve a specific result is clearly the invention
contemplated in the disclosure. It is not reasonable to read
the claims, including claim 1, as inclusive of a single heat
treatment which reaches temperatures in excess of the first
incineration temperature claimed. See the specification from
the paragraph bridging pages 5 and 6 through line 14 of page
6. For example lines 11-14 of page 6 state:
At this first, intermediate temperature,
no significant melting of silicates present
will take place although some materials will
melt or soften. After the organics are burned
off, the application of microwave energy can
resume.
The specification states that the intention of the first
process is to incinerate all the organics present and by so
doing remove the released particulates and off-gases before
vitrification takes place. Hardwick neither expressly nor
Appeal No. 95-1645
Application No. 07/866,780
5
inherently teaches such a two temperature process. The
examiner has not established that Hardwick teaches both steps,
nor that Hardwick suggests the claimed combination of two
heating steps each at a different temperature and designed for
a different effect. Thus, we fail to find a prima facie
case of obviousness and reverse this rejection.
CONCLUSION
The decision of the examiner refusing to allow claims 1-9
and 11-21 under 35 U.S.C. § 103 is reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
Appeal No. 95-1645
Application No. 07/866,780
6
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CAMERON WEIFFENBACH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ELIZABETH C. WEIMAR )
Administrative Patent Judge )
Appeal No. 95-1645
Application No. 07/866,780
7
Richard E. Constant
Asst. Gen. Counsel for Patents
GC-42, Forsil, MS6F-067
1000 Independence Ave., S.W., D.O.E.
Washington, D.C. 20585
ECW
Susan Thompson
Appeal No. 95-1645
Serial No. 07/866,780
Judge WEIMAR

Judge WEIFFENBACH

Judge SMITH, JOHN
DECISION: REVERSED

Send Reference(s): Yes No
or Translation(s)
Panel Change: Yes No
3-Person Conf. Yes No
Heard: Yes No
Remanded: Yes No
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