Appeal No. 2001-0774
Application 09/087,521
show the use of high pressure air to form a suction with a venturi device as the vacuum pump,7
because it is not apparent to us that these references are the only applicable prior art which
should be considered in this respect, particularly with respect to other appealed claims.
Accordingly, we leave it to the examiner to apply the acknowledged prior art combined
with any other applicable prior art developed by him or her, with or without Heckman and/or
Gibson, to the appealed claims.
The examiner’s decision is reversed.
Reversed
CHARLES F. WARREN )
Administrative Patent Judge )
)
)
)
TERRY J. OWENS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JAMES T. MOORE )
Administrative Patent Judge )
Kevin G. Rooney
Wood Herron & Evans
7 Cf. In re Fout, 675 F.2d 297, 299-301, 213 USPQ 532, 535-36 (CCPA 1982); In re Siebentritt,
372 F.2d 566, 567-68, 152 USPQ 618, 619 (CCPA 1967) (express suggestion not necessary to
interchange equivalent means); Ex parte Novak, 16 USPQ2d 2041 (Bd. Pat. App. & Int. 1989),
aff’d. mem., 16 USPQ2d 2043 (Fed. Cir. 1990).
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