Ex parte SWAN - Page 9




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


          desire.  In this context, we note that the device of Bobjer                 
          includes a conduit means (14) and a fan means (9) mounted on                
          or adjacent the floor (3) of an enclosed space within the                   
          building and connected to an air inlet end of the conduit                   
          means (14) for removing air from the floor level and                        
          discharging the air through the conduit means and a wall                    
          opening (5) to the exterior of the building.  With particular               
          regard to the requirement of claim 12 on appeal, we are of the              
          view that operating the fan of Bobjer in an enclosed space on               
          the bottom or basement floor of a building would inherently                 
          "regulate humidity in the enclosed space" by drawing the                    
          relatively heavy humid air near the floor out through the                   
          conduit means (14) and allowing less humid air from adjacent                
          the ceiling (2) to replace it.                                              


          With respect to appellant’s evidence of commercial                          
          success, we note that the items supplied by appellant appear                
          to present                                                                  
          merely laudatory comments about the invention, or the general               
          concept of the invention, with little factual information                   
          being provided.  While such praise of the invention may well                
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