Ex parte BANKS et al. - Page 3




          Appeal No. 95-4237                                                          
          Application 07/887,002                                                      


               (d) claims 1-5 under 35 U.S.C. § 102(b) as being                       
          anticipated by Lurz; and                                                    
               (e) claims 1-6 under 35 U.S.C. § 103 as being                          
          unpatentable over Clites in view of Lurz.                                   




               The rejections are explained on pages 3-7 of the answer.               
               The opposing viewpoints of appellants are set forth on                 
          pages 5-11 of the brief.                                                    
               The § 102 rejections based on Anxionnaz, Miller or Eknes               
                            (rejections (a), (b) and (c))                             
               We will not sustain any of these rejections.                           
               Claim 1, the sole independent claim on appeal, calls for               
          a porous outer skin separated from a solid inner surface by a               
          plenum “such that fluid from a high pressure area on the                    
          surface of the member enters the plenum through the porous                  
          outer skin and exits the plenum through the porous outer skin               
          into a low pressure area on the surface of the member.”  Claim              
          1 further calls for a transpirational control device “for                   
          controlling flow through the porous outer skin by regulating                
          the conditions in the plenum such that the pressure load on                 

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