Ex Parte Spearman - Page 4




          Appeal No. 2004-0891                                                        
          Application No. 09/810,539                                                  

          any external conduit such that all air and smaller particles of             
          waste material vent outside the room.”  Appellant’s figure 3                
          shows component 22, which is described on page 4 at line 11, as             
          an outlet.  Figure 3 shows that this outlet does have a length.             
          In Merriam-Webster’s Collegiate Dictionary, Tenth Edition                   
          (2000), the word “conduit” is defined as “a natural or                      
          artificial channel through which something (as a fluid) is                  
          conveyed” or “a pipe, tube, or tile for protecting electric                 
          wires or cables.”  In the American Heritage Dictionary, Fourth              
          Edition (2000), the word “conduit” is defined as “a pipe or                 
          channel for conveying fluids, such as water” or “a tube or duct             
          for enclosing electric wires or cable”.  These definitions do               
          not define a conduit as having a minimum length.  Hence, outlet             
          22 as depicted in figure 3 can be interpreted as a pipe or                  
          channel, in view of the definitions provided herein.  We                    
          appreciate that claim 1 recites “without any external conduit”.             
          However, claim 1 also recites an air exhaust outlet, and as                 
          depicted in figure 3, this air exhaust outlet 22, has a length,             
          and we can interpret it as being a pipe of some sort.                       
               In light of the above interpretation of claim 1, we provide            
          the following.                                                              
               Figure 13 of Hamrick depicts tubular fitting 116.  This                
          allows for air to be exhausted through a frontal portion of                 
          vacuum cleaner unit 10(.  In this way, communication is                     
          established between the air exhaust side of fan motor 30( and the           
          atmosphere in a corresponding room.  Appellant has not                      
          established any patentable difference between this configuration            
          and their claimed outlet 22.  Claim 1 requires that outlet 22               
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