Ex parte SWAN - Page 4




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


          OPINION                                                                     


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellant’s specification and claims,              
          to the applied prior art references, and to the respective                  
          positions articulated by appellant and the examiner.  As a                  
          consequence of our review we have reached the determinations                
          which follow.                                                               


          Looking to the examiner's prior art rejection of appealed                   
          claims 1 through 5 and 8 through 13 under 35 U.S.C. § 103 as                
          being unpatentable over Lestage in view of Watkins, we note                 
          that as has been set forth on pages 2-3 appellant’s                         
          specification, the Lestage patent discloses an air extraction               
          apparatus for dehumidifying air in a basement or other                      
          enclosed area of a building.  The Lestage apparatus is very                 
          similar to that defined in independent claim 1 on appeal, with              
          the exception that the fan (8) of Lestage is seen to be at the              
          outlet end of conduit (6) instead of being located "adjacent                
          the bottom floor" as required in appellant’s claims on appeal.              
          In accordance with appellant’s drawings and the disclosure at               
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