Ex Parte Kaesgen et al - Page 2




               Appeal No. 2004-2193                                                                          Page 2                   
               Application No. 09/737,781                                                                                             


                                                         BACKGROUND                                                                   
                       The appellants’ invention relates to an air filtering means (claims 1-7, 10 and 11)                            
               and a method for filtering air (claims 8, 9 and 12).  An understanding of the invention                                
               can be derived from a reading of exemplary claim 5, which appears in the appendix to                                   
               the Brief.                                                                                                             
                       The prior art references of record relied upon by the examiner in rejecting the                                
               appealed claims are:                                                                                                   
               Kobayashi et al. (Kobayashi)                    5,046,976                      Sep. 10, 1991                           
               Uhl                                             5,522,355                      Jun.   4, 1996                          
               Lenczuk                                         5,826,414                      Oct.  27, 1998                          
               Busboom et al. (Busboom)                        6,105,349                      Aug. 22, 2000                           
                       The following rejections stand under 35 U.S.C. § 103(a):                                                       
               (1) Claims 5, 6, 8 and 9 on the basis of Busboom in view of Kobayashi.                                                 
               (2) Claims 1-3 and 7 on the basis of Busboom in view of Kobayashi and Uhl.                                             
               (3) Claims 4 and 10 on the basis of Busboom in view of Kobayashi, Uhl and Lenczuk.                                     
               (4) Claims 11 and 12 on the basis of Busboom in view of Kobayashi and Lenczuk.                                         
                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                  
               the appellants regarding the above-noted rejections, we make reference to the Answer                                   
               (Paper No. 17 [sic, 18]) for the examiner's reasoning in support of the rejections, and to                             
               the Brief (Paper No. 16) for the appellants’ arguments thereagainst.                                                   










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