Ex parte KUSTER et al. - Page 7




          Appeal No. 1997-0091                                       Page 7           
          Application No. 08/115,530                                                  


          table.  However, these limitations are not suggested by the                 
          applied prior art.  In that regard, none of the applied prior               
          art teaches or suggests an air processing module which is                   
          arranged in a housing which adjoins an entrance side of the                 
          housing of the vapor-removal drier and extends over and above               
          the pouring table.  To supply this omission in the teachings                
          of the applied prior art, the examiner made a determination                 
          (answer, pp. 4-10) that this difference would have been                     
          obvious to an artisan since the location of the air processing              
          module would have been an obvious choice of engineering                     
          design.  However, this determination has not been supported by              
          any evidence that would have led an artisan to arrive at the                
          claimed invention.  In that regard, the examiner has not                    
          applied any evidence that would have made it obvious at the                 
          time the invention was made to a person having ordinary skill               
          in the art to have arranged the air processing module in a                  
          housing which adjoins an entrance side of the housing of the                
          vapor-removal drier and extends over and above the pouring                  
          table.                                                                      










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