Ex Parte CHAURUSHIA et al - Page 4




          Appeal No. 2000-0496                                                        
          Serial No. 08/795,626                                                       
          containing a welding fume passage having toothed ruggedness (14),           
          a filter (4) and a fan (5) (page 6; figure 1(a)).                           
               The appellants’ specification does not discuss the                     
          limitation “generally air-tight when in a closed configuration”             
          in claim 10.4  However, because the appellants’ polluted air                
          input device (cone hood 12 and flexible hose 14) appears to be              
          comparable to that of JP ‘212 (suction nozzle 1 and hose 2), and            
          the appellants’ cleaned gas outlet device (vents 44) appears to             
          be comparable to that of JP ‘212 (silencer 6 through which the              
          cleaned gas passes out of the housing as shown in figure 1(a)),             
          it reasonably appears that the JP ‘212 housing is “generally air-           
          tight when in a closed configuration” as that phrase is used by             
          the appellants.  Moreover, the disclosure that the JP ‘212                  
          housing collects pollutants (pages 5-6) would have led one of               
          ordinary skill in the art to make the housing generally air-tight           
          when closed to better contain the pollutants.                               
               The JP ‘212 housing has a generally non-obstructed linear              
          flow path for incoming pollutant-containing air until filtration            
          thereof is initiated in the welding fume passage having toothed             


               4 In the event of further prosecution, the examiner and the            
          appellants should address on the record whether the appellants’             
          original specification provides adequate written descriptive                
          support for “generally air-tight when in a closed configuration”            
          in claim 10.                                                                
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