Ex parte SKOW et al. - Page 11




          Appeal No. 96-1883                                                          
          Application 08/078,380                                                      


          does not apply to its teachings.  This is important for, as we              
          explained above, while Whelan does not teach a flexible working             
          surface, it does teach any outlets that are not circular and that           
          eject air at an angle to the working surface, as well as an                 
          angular, non-linear stepped path for the fluid, and these are the           
          distinctions which the appellants urge are not present in the               
          prior art.                                                                  
               The rejection of claims 28 through 32 under 35 U.S.C.  103            
          is sustained.                                                               
               We have, of course, carefully considered all of the                    
          arguments raised by the appellants.  However, they have not                 
          convinced us that the examiner’s decision with regard to the                
          rejections which we have sustained were in error.  Our position             
          with respect to each of the appellants’ arguments should be                 
          apparent from the foregoing discussions.                                    
                                       Summary                                        
               The rejection under 35 U.S.C.  112, first paragraph, is not           
          sustained.                                                                  
               The rejection under 35 U.S.C.  112, second paragraph, is              
          not sustained.                                                              
               The rejection under 35 U.S.C.  102(b) is sustained.                   
               The rejection of claim 5 under 35 U.S.C.  103 is not                  

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