Ex Parte FITZGEORGE et al - Page 2




              Appeal No. 2002-0771                                                                   Page 2               
              Application No. 09/294,288                                                                                  


                                             THE CLAIMED INVENTION                                                        
                     Appellants’ invention relates to a method and apparatus for diffusing one fluid, such as an          
              ozone gas, into another fluid, such as water.  Claim 1 is illustrative:                                     
                     1. An apparatus for diffusing a first fluid into a second fluid, comprising:                         
                     a membrane having a porosity which is sufficient to allow the first fluid to pass                    
              therethrough;                                                                                               
                     a first passageway configured to apply the first fluid to a first surface of the membrane;           
              and                                                                                                         
                     a second passageway configured to apply the second fluid to a second surface of the                  
              membrane which is opposite to the first surface thereof such that the second fluid forms a vortex           
              with sufficiently low pressure to cause the first fluid to move from the first passageway through           
              the membrane into the second passageway and become diffused into the second fluid;                          
                     in which the second passageway is configured such that said vortex at least partially                
              shears the first fluid at the second surface of the membrane;                                               
                     the first fluid comprises bubbles; and                                                               
                     the vortex at least partially shears the bubbles such that they are broken up and scattered          
              into smaller bubbles.                                                                                       

                                                   THE REJECTION                                                          
                     Claims 1-10 and 12-19 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                  
              over U.S. Patent 5,405,497 issued to Torregrossa on April 11, 1995 (Answer at 3-5).  Because                
              Appellants have not persuaded us of reversible error on the part of the Examiner, we affirm.  Our           
              reasons follow.                                                                                             









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