Appeal No. 1997-0616 Application No. 08/318,205 C. maintaining a total pressure of at least about 25 PSIA in said heating vessel gas space while expelling pollutant from rich desiccant in said heating vessel and into said column; and D. discharging gaseous pollutant through said column vapor outlet, while preventing discharge of said gaseous pollutant from said reconcentration system into the atmosphere and recovering reconcentrated desiccant. The examiner has not relied on any prior art reference as evidence of unpatentability. Nevertheless, claims 13 through 30, 32 through 53, and 55 through 57 on appeal stand rejected under 35 U.S.C. § 102(b) as "based upon a public use or sale of the invention." (Examiner’s answer, page 3; final Office action, pages 3-4.) We reverse the aforementioned rejection. The examiner points out that the appellant received, more than one year before the effective filing date of the subject application, a purchase order from an oil company to investigate alternatives for VOC emission control and to provide a recommendation. (Final Office action, page 3; appellant's statement captioned "INFORMATION RE PRE-CRITICAL DATE ACTIVITY," filed May 24, 1993, paper 5.) The examiner then refers to page 1 of the appellant's supplemental statement ("SUPPLEMENTAL 3Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007