Appeal No. 1999-2775
Application No. 08/549,847
apparatus for sanding and polishing comprising a motor including
a body and a working head mounted on said body and a vortex tube
"mounted on said body" as set forth in independent claim 1 on
appeal.1 Moreover, the applied prior art also does not teach or
suggest the particular arrangement of components defined in
claims 2 and 14 on appeal, i.e., "a water filter and a chiller
unit in series with the vortex tube at the inlet end of said
compressed gas line." In this regard, the examiner's reference
to column 2, lines 5-20, of Peter is of no avail, since this
portion of the prior art patent merely discloses use of a
"central air dryer" or alternatively the use of antifreeze
injectors, and does not teach or suggest the use of both a water
filter/dryer and a chiller unit in series with the vortex tube.
Accordingly, the examiner's rejection of independent claim 1
under 35 U.S.C. § 103, and of claims 2 and 5 through 7 which
depend therefrom, will not be sustained. Likewise, the
examiner's rejection of claim 14 under 35 U.S.C. § 103 based on
the collective teachings of Lubbering '242 and Peter or the
Vortec Catalog will not be sustained.
1 It does not appear that appellants have shown the subject
matter defined in claim 1 on appeal, including a vortex tube
mounted on the motor body, in the drawings of the present
application. As set forth in 37 CFR § 1.83(a), the drawing "must
show every feature of the invention specified in the claims."
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