Ex parte BIELAWSKI et al. - Page 6




          Appeal No. 1998-0387                                                        
          Application 08/566,192                                                      


          that the first recited element is a “vertically arranged wet                
          scrubber housing having an inlet at a bottom end . . . and an               
          outlet at an opposite top end . . .” We consider that Berman                
          meets these limitations.  There is an inlet 25 at the bottom                
          of the housing, which consists of successive sections                       
          containing spray chamber 12, heat exchanger 14 and region 16,               
          and an outlet 34 at the top of the housing.  As for the                     
          requirement that the housing be “vertically arranged,”                      
          Berman’s housing meets that requirement when the term                       
          “vertically arranged” is given its broadest reasonable                      
          interpretation, because each succeeding section of Berman’s                 
          housing is at a higher elevation than its predecessor.                      




               The other limitation in claim 1 relating to the vertical               
          arrangement of components is in lines 14 to 17, where it is                 
          recited that the array of tubular condensing heat exchangers                
          is positioned “above” the spray means.   However, the use of                
          the term “above” does not distinguish over Berman’s apparatus,              
          in which the heat exchanger portion of the housing is offset                


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