Appeal No. 2003-0697
Application 09/750,088
The subject matter on appeal relates to air or a
combination of air, liquids and solids which have been passed
through a microwave active space. This appealed subject matter
is adequately illustrated by independent claim 1, which reads as
follows:
1. Air propelled through a microwave active space,
said space encased in a microwave compatible material in the
machine described willdisinfect [sic] the air.
The reference set forth below is relied upon by the
examiner in the § 102 and § 103 rejections before us:
Condit et al. (Condit) 5,938,823 Aug. 17, 1999
All of the appealed claims stand rejected under the
second paragraph of 35 U.S.C. § 112 for failing to particularly
point out and distinctly claim the subject matter which the
appellant regards as his invention.
All of the appealed claims also stand rejected under
35 U.S.C. § 102(b) as being anticipated by, or alternatively
under, 35 U.S.C. § 103(a) as being obvious over Condit.
Rather than reiterate the respective positions
advocated by the appellant and by the examiner concerning the
2
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