Ex parte SOLLERS et al. - Page 5




          Appeal No. 1997-3383                                                        
          Application No. 08/310,052                                                  


          separating and removing organic contaminants (such as organic               
          diisocyantes) as water-soluble solids from air, wherein the                 
          organic-contaminant-containing air "is taken up from the                    
          immediate environment of a polyurethane foam processing line"               
          (appealed claim 1, lines 2 through 4 and appealed claim 8,                  
          lines 2 through 4).  According to appellants' specification at              
          page 6, line 20 to page 7, line 6, a foam processing line can               
          "either be a line where the polyurethane foam is initially                  
          manufactured or where the finished polyurethane foam is                     
          subsequently treated, for example laminated by heat treatment               
          to textile."  The limiting "polyurethane foam processing line"              
          claim language supports appellants' argument that the present               
          invention "relates to the need for a scrubber unit for use in               
          a commercial polyurethane foam producing or fabricating                     
          operation" (brief, page 4).  This is a significant claim                    
          limitation, when one considers that the crux of the examiner's              
          prior art rejection is based on Example 18 of Maegerlein, a                 
          "control test" which uses a rather small test unit scrubber to              
          demonstrate that the use of inert packing material (Raschig                 
          rings) alone results in the shut down of the operation because              
          of polyurea build-up.  While the examiner correctly points out              
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