Ex Parte Kornberger - Page 2




             Appeal No. 2005-2168                                                           Παγε 2              
             Application No. 10/122,616                                                                         


                   The appellant's invention relates to fume exhaust system for cooking fumes,                  
             containing a filtering device with at least one filter in the exhaust path with a catalyst         
             material (specification, p. 1).  A copy of the claims under appeal is set forth in the             
             appendix to the appellant's brief.                                                                 
                                               THE PRIOR ART                                                    
                   The prior art references of record relied upon by the examiner in rejecting the              
             appealed claims are:                                                                               
             Izumo     06-91137A   April  5, 1994                                                               
             (JP' 137)                                                                                          
             Kimura     10-328575A   Dec. 15, 1998                                                              
             (JP'575)                                                                                           
                                              THE REJECTIONS                                                    
                   Claims 1 to 4,  6, 8, 11, 12, 25, and 27 stand rejected under 35 U.S.C. § 102 as             
             being anticipated by JP’575.                                                                       
                   Claims 5, 7, 9 and 10 stand rejected under 35 U.S.C. § 103 as being                          
             unpatentable over JP’575 in view of JP’137.                                                        
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and                
             the appellant regarding the above-noted rejections, we make reference to the answer                
             (mailed September 1, 2004) for the examiner's complete reasoning in support of the                 
             rejections, and to the brief (filed June 22, 2004) and reply brief (filed November 16,             
             2004) for the appellant's arguments thereagainst.                                                  








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