Ex parte GRAHAM - Page 2




                     Appeal No. 97-2746                                                                                                                                                
                     Application 08/399,693                                                                                                                                            


                     Judges.                                                                                                                                                           
                     McQUADE, Administrative Patent Judge.                                                                                                                             

                                                                        DECISION ON APPEAL                                                                                             
                                John M. Graham appeals from the final rejection of claims                                                                                              
                     1 through 3, all of the claims pending in the application.                                                                   2                                    
                     We reverse and remand the application for further                                                                                                                 
                     consideration.                                                                                                                                                    
                                The invention relates to a method and apparatus for                                                                                                    
                     supplying pressurized air.  A copy of the claims on appeal                                                                                                        
                     appears in the appendix to the appellant’s brief (Paper No.                                                                                                       
                     20).                                                                                                                                                              
                                The item relied upon by the examiner as evidence of                                                                                                    
                     anticipation is:                                                                                                                                                  
                     Fonden et al. (Fonden)          3,032,293       May 1, 1962                                                                                                       
                                Claims 1 through 3 stand rejected under 35 U.S.C. §                                                                                                    
                     102(b) as being anticipated by Fonden.                                                                                                                            
                                Reference is made to the appellant’s brief (Paper No. 20)                                                                                              
                     and to the examiner’s final rejection and answer (Paper Nos. 7                                                                                                    
                     and 21) for the respective positions of the appellant and the                                                                                                     

                                2 Claim 1 has been amended subsequent to final rejection.                                                                                              
                                                                                          2                                                                                            





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