Ex Parte Carl et al - Page 17




              Appeal No. 2004-0323                                                               Page 17                 
              Application No. 09/716,045                                                                                 


                     for an apparatus that can redirect air flow in the above-noted manners in an                        
                     efficient manner while maintaining relatively high energy ratios. [Emphasis ours]                   

              Larsen further teaches (column 3, lines 34-45) that:                                                       
                            The present invention further provides a wind tunnel having a horizontal                     
                     lead-in with an exit which is normal to the lead-in. This arrangement allows the                    
                     motor and fan to be remotely placed from the user, and provides a much quieter                      
                     environment than is provided in prior art vertical configurations. Furthermore, the                 
                     horizontal section also allows for greater control over the air flow. Thus a                        
                     generally even, uniform flow may be generated. Also, the horizontal lead-in                         
                     section of the present invention avoids the problems associated with the                            
                     extensive excavation required for the entirely vertically oriented tunnels of the                   
                     prior art.                                                                                          


                     After the scope and content of the prior art are determined, the differences                        
              between the prior art and the claims at issue are to be ascertained.  Graham v. John                       
              Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                                    


                    Based on our analysis and review of Kitchen and claims 1 and 4, it is our opinion                   
              that the only difference is the limitation that "said column of air moves in laminar flow in               
              at least an upstream portion of said column of air."                                                       















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