Ex Parte Kaesgen et al - Page 5




               Appeal No. 2004-2193                                                                          Page 5                   
               Application No. 09/737,781                                                                                             


               accomplish this goal, Busboom teaches two features.  The first is placing the radiator                                 
               “above the engine behind the operators’ station” because “that . . . location is an area                               
               containing less debris to clog the radiator” (column 3, lines 55-59).  The second is                                   
               providing a grille (32) having a perforated screen member (56) over the radiator (26) at                               
               the point where the cooling air enters, with the screen member comprising a series of                                  
               alternating grooves (62) and ridges (64) which extend downwardly and rearwardly from                                   
               the upper to the lower ends thereof.  According to Busboom, the alternating grooves                                    
               and ridges of the air filter “provide[ ] a self-cleaning feature” (column 3, lines 51 and 52)                          
               by enabling accumulated debris to fall therefrom “by gravity and vibration,” as well as                                
               allowing the operator to run his fingers downwardly through the grooves to remove                                      
               excessive debris (column 3, lines 24-28).  While the Busboom air intake faces away                                     
               from the front end of the apparatus, as is required by claim 5, it faces upwardly, rather                              
               than downwardly, and thus the reference fails to teach this limitation of the claim.                                   
                       Kobayashi is directed to an air intake system for an outboard motor.  To prevent                               
               water from reaching the engine, Kobayashi provides an air intake (28) comprising a                                     
               downwardly oriented opening (36).  The problem solved by Kobayashi is that of water                                    
               entrained in the air being sucked into the engine air intake.  “Debris” is not mentioned.                              
               No air filter is disclosed.  The patent explains that “[g]ravity precludes the entrained                               
               water from entering the air inlet duct” and also “stops water which adheres to the bottom                              
               surface” of the duct from entering (column 3, line 42 et seq.).                                                        








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