Ex Parte FORBES et al - Page 11




          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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