Ex parte HICKS - Page 3


          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                  

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