Appeal No. 2002-0589
Application No. 09/604,216
the reference. See Kalman v. Kimberly-Clark Corp. , 713 F.2d 760,
772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S.
1026 (1984).
The examiner makes findings relative to the applied De Shon
reference to support the position that claim 1 is anticipated
thereby. Appellant, arguing the appeal pro se in the brief,
challenges the conclusion of anticipation.
As set forth in the rejection, the examiner references
collectors 8, 10 as corresponding to the collectors required by
appellant’s claim 1 through which gas is routed to direct gas
into gas-holding spaces, after being inputted thereto by a
compressed gas injector. Simply stated, this panel of the board
readily perceives that the teaching of De Shon does not support
the examiner’s view that elements 8, 10 are collectors as now
claimed. In the De Shon reference, element 8 is a system control
computer for metering air from an externally powered blower or
compressor 7, and element 10 is an injection sensor adjacent to
air injectors 9 for triggering air injection as each air holding
space is in injection position. Clearly, there are no collectors
as claimed, routed downstream of the air injectors 9 of the De
Shon patent, to direct gas into gas-holding spaces of a ring.
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