Ex Parte MALLISON - Page 3




          Appeal No. 2003-1118                                                        
          Application 08/968,534                                                      


          distinctly claim the subject matter the appellant regards as the            
          invention.                                                                  
               Claims 1 through 15 stand rejected under 35 U.S.C. § 103(a)            
          as being unpatentable over Grant in view of Cothrell.                       
               Claims 16 and 17 stand rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Healy in view of Cothrell.                          
               Attention is directed to the appellant’s brief (Paper No.              
          23) and to the Office action dated January 17, 2001 and the                 
          examiner’s answer (Paper Nos. 18 and 25) for the respective                 
          positions of the appellant and the examiner regarding the merits            
          of these rejections.                                                        
                                     DISCUSSION                                       
          I. The 35 U.S.C. § 112, second paragraph, rejection of claims 1             
          through 15                                                                  
               The following reasoning by the examiner forms the basis for            
          this rejection:                                                             
               It is unclear from figure 2, where the flow path                       
               is and how the nozzle is situated in the center.  There                
               are no flow lines to show the path in figure 2.  Figure                
               4 merely shows a nozzle centered in the vacuum flow,                   
               but not the grinding wheels housed in the shroud with                  
               the nozzle and vacuum means [Paper No. 18, page 2].                    
               Presumably, this arguable well taken criticism of the                  
          drawings reflects a concern by the examiner that the limitations            



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