Ex parte KELCHER - Page 9




         Appeal No. 1999-1899                                    Page 9          
         Application No. 08/932,090                                              


         that the limitations of claim 1 are not taught by the applied           
         prior art.  Heyl teaches all of the limitations of appellant's          
         claim 1 and, with regard to the claimed primary and secondary           
         inlets, it is our determination that one of ordinary skill in           
         the art would understand that Heyl's grate (124) (Fig. 8 and            
         column 7, line 45) consists of a plurality of openings/inlets           
         wherein the openings/inlets located in the center area of the           
         grate can be considered to be a primary inlet in that they              
         would likely pass more particulate material than the                    
         openings/inlets at the periphery of the grate, which                    
         peripheral openings/inlets can be considered to constitute a            
         secondary inlet.  As to the appellant's argument that the               
         combination (of Heyl and Ruemelin) does not meet the claim              
         language that "... ambient air will be caused to flow from              
         outside the housing directly into said primary and secondary            
         inlets..." (brief, page 13), we note that the arrow (210), in           
         Figure 9 of Heyl, illustrates the path of ambient air from              
         outside the apparatus through the plurality of openings in the          
         grate (124) (i.e., the primary and secondary inlets) into the           
         housing, thus this claimed limitation is satisfied by Heyl.             
                                                                                 







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