Ex parte SWAN - Page 2




          Appeal No. 98-2186                                                          
          Application No. 08/517,946                                                  


               This is a decision on appeal from the examiner's final                 
          rejection of claims 1 through 15, which are all of the claims               
          pending in this application.                                                


          Appellant’s invention relates to an apparatus and method                    
          for conditioning air within the enclosed space of a building.               
          Independent claims 1 and 9 are representative of the subject                
          matter on appeal and a copy of those claims may be found in                 
          the Appendix to appellant’s brief.                                          


          The prior art references of record relied upon by the                       
          examiner in rejecting the appealed claims are:                              
          Watkins                  3,173,353                     Mar. 16,             
          1965                                                                        
          Sassmann                 4,292,927                     Oct.  6,             
          1981                                                                        
          Lestage                  5,092,520                     Mar.  3,             
          1992                                                                        

          An additional prior art reference of record in the                          
          present application relied upon by this panel of the Board in               
          a new ground of rejection entered pursuant to 37 CFR §                      
          1.196(b) is:                                                                


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