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. 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007