Appeal No. 2002-2130 Application No. 09/483,647 vacillating the atomized liquid flow predominately non-parallel to a direction of the moving article; depositing the vacillating atomized liquid flow on the moving article. The examiner relies upon the following references as evidence of unpatentability: Haynes et al. (Haynes) 5,652,048 Jul. 29, 1997 Kwok et al. (Kwok) 5,904,298 May 18, 1999 Claims 26-34 stand rejected 35 U.S.C. § 103 as being unpatentable over Kwok in view of Haynes. On page 2 of Paper No. 6, the examiner has objected to claim 34 as being of improper dependent form for failing to further limit the subject matter of a previous claim. However, on page 3 of the answer, the examiner indicates that this objection is not an appealable issue. Upon return of this application to the jurisdiction of the examiner, both the appellant and the examiner should resolve this issue. For the reason set forth below, we reverse the rejection of record. OPINION Appellant’s claim 26 is directed to a liquid atomization method comprising forming an atomized liquid flow adjacent a moving article by drawing a liquid with continuous fluid flows directed along substantially opposite sides of the liquid, vacillating the atomized liquid flow predominately non-parallel to a direction of the moving article, and depositing the vacillating atomized liquid flow on the moving article.[emphasis added]. Beginning on page 6 of the brief, appellant argues that Kwok is directed to dispensing fiberized filaments from nozzles. Appellant argues that Haynes discloses the use of alternating 2Page: Previous 1 2 3 4 5 NextLast modified: November 3, 2007