Appeal No. 95-2936
Application 07/887,040
(38) from the tank (40) to the moistening fluid supply reservoirs
(26) of the moistening apparatus (20).
After reviewing the collective teachings of O'Dea and
Marzullo, it is our opinion that it would have been obvious to
one of ordinary skill in the art at the time of appellant's
invention to provide the apparatus of O'Dea with a collection
arrangement, collection tank and a pump means similar to that of
Marzullo to collect excess moistening fluid runoff and return
that fluid to the spray nozzle liquid supply container (260) of
O'Dea, so as to avoid any problems such excess moistening fluid
runoff may otherwise cause in the system.
In light of the foregoing, the decision of the examiner
to reject claims 9 through 14, 18, 22, 23 and 24 under 35 U.S.C.
103 is reversed. In addition, a new ground of rejection has been
entered against claim 23 on appeal pursuant to 37 CFR § 1.196(b).
This decision contains a new ground of rejection pur-
suant to 37 CFR § 1.196(b) (amended effective Dec. 1, 1997, by
final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997),
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