Ex parte DEMOORE et al. - Page 7




                 Appeal No. 1998-1435                                                                                     Page 7                        
                 Application No. 08/132,584                                                                                                             


                 teachings of the prior art so that the claimed invention is                                                                            
                 rendered obvious.”  Id. at 1266, 23 USPQ2d at 1784, (citing In                                                                         
                 re Gorman, 933 F.2d 982, 987, 18 USPQ2d 1885, 1888 (Fed. Cir.                                                                          
                 1991)).                                                                                                                                


                          Here, although Halley teaches heating air, the air is not                                                                     
                 heated before it is pressurized.  To the contrary, the                                                                                 
                 examiner admits that the reference heats the air after it has                                                                          
                 been pressurized.  He specifically admits, "[i]n Halley, Figs.                                                                         
                 l and 2, an elongated air delivery tube (B) deliveries                                                                                 
                 pressured air to the plenum chamber through inlet ports 6b and                                                                         
                 the heating elements 7 are contained in the inner airflow                                                                              
                 passage (C) for heating air discharged through ports 3a."                                                                              
                 (Examiner's Answer at 5 (emphasis added).)  For its part, the                                                                          
                 reference teaches heating air that has already been                                                                                    
                 compressed.  Specifically, "three electrical resistance                                                                                
                 elements 7 ... are adapted to heat the compressed air passing                                                                          
                 through the plenum chamber C."  Col. 1, l. 70 - col. 2, l. 1.                                                2                         

                          2We see no inconsistency between this conclusion and the                                                                      
                 rule that the U.S. Patent and Trademark Office (PTO) should                                                                            
                 give claims their broadest reasonable interpretation during                                                                            
                 prosecution.  “The operative word is reasonable: the PTO has                                                                           







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