Ex parte SWAN - Page 6




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


          on any fair teachings or suggestions found in Lestage and                   
          Watkins. Like appellant, we note that both Lestage and Watkins              
          teach or suggest that the fan or pump member of the respective              
          systems therein be located at the discharge end of the                      
          associated conduit (6 of Lestage and 16 of Watkins) instead of              
          being "connected to said air inlet end of said conduit means"               
          as required in claim 1 on appeal and "adjacent the [or a]                   
          bottom floor" so as to remove air at the floor level and                    
          discharge the air through the associated conduit to the                     
          exterior of the building, as set forth in both claims 1 and 9               
          on appeal.  As a further point, we observe with regard to this              
          rejection that the examiner has made no attempt at all to                   
          address the limitations of claims 5, 8 and 13  on appeal.  For              
          these reasons, we will not sustain the examiner’s rejection of              
          claims 1 through 5 and 8 through 13 on appeal under 35 U.S.C.               
          § 103.                                                                      


          With regard to the examiner's rejection of claims 6, 7,                     
          14 and 15 under 35 U.S.C. § 103 based on Lestage, Watkins and               
          Sassmann, we share appellant’s view as expressed on pages 9                 
          and 10 of the brief, and again conclude that the examiner’s                 
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