Ex Parte Kwok - Page 2


         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              

                                         2                                          



Page:  Previous  1  2  3  4  5  Next 

Last modified: November 3, 2007