Ex parte PATTERSON - Page 3




                 Appeal No. 1998-2001                                                                                                                   
                 Application No. 08/408,688                                                                                                             


                          The appellant’s invention is directed to a magnetic fluid                                                                     
                 treatment apparatus (claims 31-47) and to a method for                                                                                 
                 treating a fluid with magnetism (claims 48 and 49).  The                                                                               
                 claims on appeal have been reproduced in an appendix to the                                                                            
                 Brief.                                                                                                                                 


                                                                THE REFERENCE                                                                           
                          The references relied upon by the examiner to support the                                                                     
                 final rejection are:                                                                                                                   
                 Zimmerman                                             4,265,755                                             May                        
                 5, 1981                                                                                                                                
                 Ambrose                                      5,030,344                                             Jul.  9,                            
                 1991                                                                                                                                   
                 Ito                                          5,055,189                                             Oct.  8,                            
                 1991                                                                                                                                   
                 Curtis                                       5,238,558                                             Aug. 24,                            
                 1993                                                                                                                                   

                                                              THE REJECTIONS2                                                                           
                          The following rejections stand under 35 U.S.C. § 103:                                                                         
                 (1) Claims 31-35, 41 and 45-49 on the basis of Curtis.                                                                                 

                          2In the Answer, the examiner states that claims 31-49 are                                                                     
                 rejected under 35 U.S.C. § 103, and that "[t]his rejection" is                                                                         
                 set forth in Paper No. 18.  This is in error.  In fact, there                                                                          
                 are several rejections that apply to various groupings of the                                                                          
                 claims, and these are set forth in the final rejection, which                                                                          
                 is Paper No. 15.                                                                                                                       
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