Appeal No. 2005-1777
Application No. 10/186,170
be solved. See In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d
1614, 1617 (Fed. Cir. 1999).
After reviewing LeBlanc, we find that the reference relates
to removing bacteria from and disinfecting fluids, such as
industrial fluids, coolants and machine fluids, by exposing the
fluid to ultraviolet (UV) radiation (col. 2, lines 57-65).
LeBlanc, as indicated by the Examiner, discloses pumping the
fluid from a fluid sump through the piping system (col. 6, lines
26-35) which is circulated from the reservoir and exposed to UV
radiation. Although LeBlanc creates turbulence in the fluid
flow, the disinfecting process is still performed by UV
radiation. The turbulent flow merely facilitates the exposure by
bringing the fluid from the interior of the tube to its surface
(col. 3, lines 47-50) as the opaque industrial fluids are highly
occlusive to UV light (col. 1, lines 58-65).
We also agree with the Examiner that a “closed loop system”
is not required by the claims while, to the extent claimed, the
pump system of LeBlanc provides for a continuous circulation of
the fluid. However, it should also be noted that LeBlanc does,
in fact, touch on the point that the disclosed disinfection
method may be used in both “closed and open systems” (col. 8,
lines 12-16).
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