Ex parte MARLOWE - Page 5




                 Appeal No. 1998-2645                                                                                     Page 5                        
                 Application No. 08/815,747                                                                                                             


                 contested the specific objections to claims 5 to 9 in the                                                                              
                 brief or reply brief.   Accordingly, we summarily sustain the2                                                                                                
                 rejection of claims 5 to 9 under 35 U.S.C. § 112, second                                                                               
                 paragraph.                                                                                                                             


                 The obviousness rejection                                                                                                              
                          We will not sustain the rejection of claims 1 and 3 to 10                                                                     
                 under 35 U.S.C. § 103.                                                                                                                 


                          The appellant argues that the applied prior art does not                                                                      
                 suggest the claimed subject matter.  We agree.                                                                                         


                          All the claims under appeal require a liquid stream to be                                                                     
                 projected with a velocity causing it to collide with an                                                                                
                 opposing side wall with sufficient force to generate negative                                                                          
                 ions and thereby create an electrostatically-charged mist                                                                              
                 which acts to capture particulate matter in a gas stream.                                                                              
                 However, this limitation is not taught or suggested by Clark                                                                           

                          2Attached to the reply brief is a Corrected Appendix                                                                          
                 which the appellant states (p. 1) corrects minor errors in                                                                             
                 claims 5, 6, 7 and 9.  No amendment proposing these changes is                                                                         
                 of record in the filewrapper.                                                                                                          







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