Ex Parte MALLISON - Page 9




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


          includes compressed air nozzles and vacuum ports laterally offset           
          from one another.                                                           
               The examiner concedes that Healy’s dust collection apparatus           
          does not respond to the limitation in independent claim 16                  
          requiring the step of mounting the air nozzle or nozzle means in            
          the center of the vacuum flow path and relies on Cothrell to cure           
          this shortcoming.  For reasons similar to those discussed above,            
          however, such reliance on Cothrell is misplaced.                            
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103(a) rejection of claim 16 and dependent claim 17 as being              
          unpatentable over Healy in view of Cothrell.                                




















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