Appeal 2006-2776
Application 09/970,279
gaseous, vaporous or particulate reactants that are oriented to combine the
reactants within a reaction chamber (Fig. 11; col. 15, ll. 19-46). Thus,
Lemelson generally provides that the reactants to be combined are in a fluent
condition (col. 1, ll. 37-41). Notwithstanding Appellants’ contentions, we
cannot say that the apparatus for supplying an aerosol form of reactants (a
suspension of liquid or solid particles in a gas) of representative claim 25
structurally distinguishes over the reaction system including the fluent
material supply system disclosed and suggested by Lemelson with or
without the additional teachings of Pratsinis. Moreover, even if we could
agree with Appellants that the reactants were a part of the system being
claimed here, which we do not, aerosols are rather commonplace and known
(Reply Br. 9). One of ordinary skill in the art is presumed to have some skill
in furnishing the fluent particulate and liquid reactants that Lemelson
describes, including the provision of these reactants in an aerosol form. In
this regard, we note that Pratsinis clearly describes aerosols in the
Background of the Invention section of the patent and Patentee clearly
indicates that vapors formed via aerosolization are contemplated as a way of
furnishing a reactant (col. 4, ll. 49-55). On this record, Appellants have not
persuaded us of any patentably distinct requirement called for in the system
of representative claim 25 that is not taught or suggested to one of ordinary
skill in the art by the applied references.
As for separately argued dependent claims 32 and 33, we agree with
the Examiner, as we indicated above, that the aerosol reactants are not part
of the claimed apparatus system and are entitled to little, if any patentable
weight. Appellants assertion that the reactants are required to be stored as
part of the apparatus (Br. 7) is untenable in that no filled bottles or other
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