Ex parte BAUGHMAN - Page 2




          Appeal No. 95-5000                                         Page 2           
          Application No. 08/021,883                                                  


                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner's                       
          rejection of claims 1 to 5, 8, 9, 27 to 31, 34 and 38 to 43.                
          Claims 17 to 19 have been canceled.  Claims 6, 7, 10 to 16, 20              
          to 26, 32, 33, 35 to 37 and 44 to 49 have been withdrawn from               
          consideration under 37 CFR § 1.142(b) as being drawn to a                   
          nonelected species.                                                         


               We AFFIRM.                                                             


                                     BACKGROUND                                       
               The appellant's invention relates to a system and method               
          of diffusing gas bubbles into a body of water.  An                          
          understanding of the invention can be derived from a reading                
          of exemplary claims 1 and 27, which appear in the appendix to               
          the appellant's brief.                                                      


               The prior art references of record relied upon by the                  
          examiner as evidence of obviousness under 35 U.S.C. § 103 are:              
          Champeau                 3,790,141                     Feb.  5,             
          1974                                                                        








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