Ex Parte BYRNE - Page 3



            Appeal No. 2001-1680                                                                       
            Application 08/890,471                                                                     

                                    Grounds of Rejection3                                              
                  1.    Claims 14-19 and 21 stand rejected under 35 U.S.C.                             
            § 103 as unpatentable over Schrader in view Hart;                                          
                  2.    Claim 20 stands rejected under 35 U.S.C. § 103 as                              
            unpatentable over Schrader in view of Hart and further in view                             
            of Vross; and                                                                              
                  3.    Claim 28 stands rejected under 35 U.S.C. § 103 as                              
            unpatentable over Schrader in view of Hart and further in view                             
            of Locke.                                                                                  
                  We reverse as to all three grounds of rejection.                                     

                                          Background                                                   
                  The invention relates to an apparatus for recovering                                 
            fumes from a roofing kettle.  Appeal Brief, page 2, paragraph                              
            (5).  Materials used for roofing applications are typically                                
            heated in a kettle or a tanker.  Specification, page 1, lines                              
            9-11.  To avoid pressure build up, the kettle is vented to the                             

               3                                                                                       
               3  The following rejections were rendered moot by appellant’s amendment                 
               after final (see supra, note 1):                                                        
                     1.  Claims 26 and 27 under 35 U.S.C. § 102 as anticipated by                      
               Vross.                                                                                  
                     2.  Claim 29 under 35 U.S.C. § 103 as unpatentable over Vross in                  
               view of Schrader.                                                                       
                     3.  Claim 26 under 35 U.S.C. § 112, second paragraph.                             
                                                 3                                                     




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