Ex Parte SMITHYMAN et al - Page 2




             Appeal No. 2002-2273                                                                     2               
             Application No. 09/363,688                                                                               

                    The appellants’ invention relates to a gas fumigation system.  Claim 11, the sole                 
             independent claim on appeal, reads as follows:                                                           
                           11.    A system for gas fumigating at least one region, comprising:                        
                                  a phosphine source;                                                                 
                                  an inert substance source;                                                          
                                  a mixer fluidly coupled to the phosphine source and the inert                       
                           substance source to form a gaseous mixture including phosphine flowing                     
                           from the phosphine source and inert substance flowing from the inert                       
                           substance source, the gaseous mixture passing from the mixer to the                        
                           region during gas fumigation; and                                                          
                                  a flow controller controlling at least one of flow of the phosphine                 
                           from the phosphine source to the mixer and flow of the inert substance                     
                           from the inert substance source to the mixer so that the gaseous mixture                   
                           is non-flammable in air.                                                                   
                    The sole prior art reference of record relied upon by the examiner in rejecting the               
             appealed claims is:                                                                                      
             Schellhaas et al.  (Schellhaas)           5,260,022            Nov. 9, 1993                              
                    Claims 11-16, 44-46, 50 and 51 stand rejected under 35 U.S.C. § 102(b) as                         
             being anticipated by Schellhaas.                                                                         
                    Claims 47-49 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                        
             over Schellhaas.                                                                                         













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