Appeal No. 95-4354
Application 08/137,633
be enhanced in the same two fold higher rate than that without
the applied vacuum.
As noted previously, Tsang indicates that the oxygen fluid
pressure is between 3-5 psi. Applicant urges that this 3-5 psi
means psig. The examiner does not agree with applicant and
explains:
because permeate line "29" whichis[sic] the oxygen
enriched line from the membrane separator "26"
communicates with compressor section "15" of
turbocharger "12" to compress such stream to above
atmospheric pressure for most conditions of vehicle
operation. That line "29" would provide a suction at
the permeate outlet "28" of membrane separator "26" at
a fluid pressure of between 3-5 psi. As that is a
suction produced by compressor section "15", it is the
Examiner's position that the '3-5 psi' must refer to
vacuum and should be interpreted as 3-5 psig. The same
applies to the nitrogen retentate (non-permeate stream)
pressure of 115-117 psi...(emphasis added).
In our view, Tsang does not provide enough detail to
conclude that Tsang anticipates claim 1 for two reasons. First,
while we agree with the examiner that the compressor 15 does in
fact reduce the pressure in line 30 to which line 29 is attached,
the amount of suction and its effect on line 29 and at outlet 28
is not discussed by Tsang. Thus, there is but speculation that
the suction from the compressor would be at the level required by
the claims. In re Oelrich, 666 F.2d 578, 581, 212 USPQ 323, 326
(CCPA 1981). (Inherency, however, may not be established by
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