Appeal No. 1998-2001
Application No. 08/408,688
Curtis also is directed to treating water by magnetic
means. Like the appellant, Curtis uses a plurality of magnets
arranged in a particular relationship with one another, with a
spacer, and with a mounting platform. Of critical importance
to the issue of the patentability of the appellant’s claims,
however, is the requirement in the Curtis system that the
magnet unit "comprises at least four magnets" (Abstract;
column 2, line 63). Although it may contain more than four
magnets (column 6, lines 49-50), it is clear that it cannot
contain fewer than four.
In the statement of the invention in the appellant’s
apparatus claims 31 and 35 and method claim 48 the magnetic
treatment apparatus is recited as "consisting of" an
arrangement of three magnets in turn "consisting of" first,
second and third
6
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