Ex parte BIELAWSKI et al. - Page 7

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

                     to the right of the spray chamber 12, because the term “above”                                                                                                    
                     may mean “in or to a higher place than.”   Since Berman’s heat                        2                                                                           
                     exchanger 14 is at a higher elevation than sprays 22, it is                                                                                                       
                     “above” the sprays as called for by claim 1.                                                                                                                      
                                We therefore conclude that claim 1 is unpatentable over                                                                                                
                     Berman in view of Marchand alone, Hilger being superfluous to                                                                                                     
                     the rejection when the terms of the claim are given their                                                                                                         
                     broadest reasonable interpretation.                                                                                                                               
                                The means for eliminating mist recited in claim 2 reads                                                                                                
                     on demister 20 of Berman.  Appellants’ argument that it does                                                                                                      
                     not because Berman mixes the exhaust gases with ambient air                                                                                                       
                     (brief, page 16) is not persuasive, since Berman discloses                                                                                                        

                     “remaining water droplets are removed” at demister 20 (col. 3,                                                                                                    
                     lines 70 and 71), and claim 2 does not preclude any subsequent                                                                                                    
                     mixing with ambient air.                                                                                                                                          
                                On the other hand, we do not consider claim 7 to be                                                                                                    

                                2Webster’s Third New International Dictionary (1971).                                                                                                  

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