Ex parte RONALD E. BOOTH, III - Page 3




          Appeal No. 95-4354                                                          
          Application 08/137,633                                                      


               Claims 1 and 3 stand rejected as anticipated under 35 U.S.C.           
          § 102(b) as being clearly anticipated by Tsang; and claims 2 and            
          5 stand rejected under 35 U.S.C. § 103 as being unpatentable over           
          Tsang in view of McNeill or Rice.                                           
          We reverse.                                                                 
                                       Opinion                                        
               Tsang discloses separating nitrogen from compressed air by             
          use of a membrane separator containing hollow tubular fiber                 
          members.  The feed air is compressed and fed into the separator             
          at 120 psig (column 4, line 42).  Tsang indicates that there is a           
          pressure drop across the fiber membranes of 3-5 psi; that oxygen            
          and water permeate through the wall and is presented to the                 
          outlet port 28 as moist oxygen enriched air having an oxygen                
          content of about 90% with a fluid pressure of between 3-5 psi;              
          and that the nitrogen is slower to permeate the walls and is                
          presented at outlet port 32 as dry nitrogen enriched air having a           
          fluid pressure of about 115-117 psi with a nitrogen concentration           
          of about 95%.                                                               
               The examiner alleges that these parameters of Tsang are                
          within those recited by applicant in his claims.  The examiner              
          then concludes that the flow rate of nitrogen in Tsang must also            



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