Ex Parte FORBES et al - Page 2




          Appeal No. 1999-2775                                                        
          Application No. 08/549,847                                                  


          Appellants' invention relates to an apparatus for sanding or                
          polishing a surface wherein the apparatus includes means for                
          directing a cold gas flow (e.g., at -20C or lower) onto the                
          surface to be treated, characterized in that the means for                  
          directing the cold gas flow comprises a compressed gas line                 
          having a vortex tube.  An adequate understanding of the invention           
          can be had from a reading of independent claims 1 and 13, a copy            
          of which, as reproduced from the Appendix to appellants' brief,             
          is appended to this decision.                                               


          The prior art references of record relied upon by the                       
          examiner as evidence of obviousness of the claimed subject matter           
          are:                                                                        
          Peter                    4,333,754                Jun.  8, 1982             
          Lubbering et al.         5,088,242                Feb. 18, 1992             
          (Lubbering '242)                                                            
          Vortec Catalog, "Vortex tubes" pp. 1-5 (1992).                              


          Claims 1, 2, 5 through 7 and 13 through 17 stand rejected                   
          under 35 U.S.C.  103 as being unpatentable over Lubbering '242             
          in view of Peter or the Vortec Catalog.                                     


          Rather than reiterate the conflicting viewpoints advanced by                
          the examiner and appellants regarding the above-noted rejection,            

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