Appeal No. 1999-0316
Application 08/329,124
Therefore, we shall not sustain the standing 35 U.S.C. §
103 rejection of claim 13 as being unpatentable over Hajicek
in view of Morissette and Noda.
Claim 32 recites a method for balancing fresh air and
exhaust air flows through an operating ventilation system
wherein fresh and exhaust air static pressure differences
determined across an exchanger means are used to compare air
flow values corresponding to the static pressure differences. 2
As conceded by the examiner (see pages 5 and 6 in the
supplemental answer), Hajicek does not disclose or suggest
such a method. The examiner’s reliance on Spethmann, taken
alone or in combination with Besik, to cure this deficiency is
unsound.
Spethmann discloses an air conditioning system 10 having
a hot deck 19 for supplying heated air and a cold deck 20 for
2 In defining this method, Claim 32 mentions the transfer
between the air flows of a member of “the group comprising i)
sensible heat and ii) sensible heat and water moisture” (two
occurrences). To the extent that this group constitutes a
Markush group, the use of “comprising” instead of --consisting
of-- is improper. See MPEP § 2173.05(h).
11
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