Ex parte GARCIA-MALLOL - Page 13




          Appeal No. 1997-4385                                                        
          Application No. 08/288,864                                                  


          standing or falling together.   Therefore, in accordance with3                                              
          37 CFR                                                                      
          § 1.192(c)(7), claims 20 through 24 fall with claim 19.  Thus,              
          it follows that the decision of the examiner to reject claims               
          20 through 24 under 35 U.S.C. § 102(b) is also affirmed.                    
          Rejection (II)                                                              
               We will not sustain the rejections of claims 25 through                
          29 under 35 U.S.C. § 102(b) as being anticipated by Evans, by               
          Suzuki or by Kalen.                                                         
               In claim 25, which is also written in Jepson format, the               
          appellant’s “improvement” comprises:                                        





               a block disposed adjacent the inlet opening for                        
               defining an inlet passage for directing the mixture                    
               in [sic] into the vortex chamber in a tangential                       
               direction thereto.4                                                    
               The examiner determined (answer, p. 5) that “the inlet                 
          duct 15 of Evans is located adjacent the wall section 16 which              


               See page 3 of the appellant’s brief.3                                                                     
               The word “in” should be canceled upon return of the application to the4                                                                     
          jurisdiction of the examiner.                                               
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