Appeal 2007-2193
Application 10/816,369
element” as corresponding to Kuwahara’s dust filter 37 (Answer 4, 10), and
the “intervention guard” of claim 1 as corresponding the rib structure shown
in Kuwahara’s Figure 1 referred to as filter 37 (Answer 4, 10). We agree.
Claim 11 does not require that the filter be separate from the
intervention guard. Rather, as shown by Kuwahara’s Figure 1, the dust filter
may comprise a rib-like structure (i.e., intervention guard) with a mesh-like
filter element (i.e., filter) supported thereon (Figure 1, reference numeral
37).3 Moreover, a filter element supported on the rib-like structure (i.e.,
intervention guard) would be positioned “upstream of said entry surface of
said air guide funnel” (claim 11). The “entry surface” is broadly claimed as
“forming a part of said partition surface” (claim 1). Accordingly, as shown
in Kuwahara’s Figure 1, a filter element 37, which is disposed upon the rib-
like structure shown in the drawings, would be upstream of, for example, the
portion of the annular spout 9 leading to the location where the filter 37 is
attached to the annular spout 9 of partition 8 (Kuwahara, Figure 1, reference
numerals 8, 9, 37).
Furthermore, the knowledge of a skilled artisan would include an
arrangement wherein the filter element is upstream of the annular spout 9
(i.e., air guide funnel) and the rib-like structure (i.e., intervention guard) of
the dust filter 37, otherwise, the suction created by the motor 15 and fan 23
would suck the filter element into the fan 23. Therefore, one of ordinary skill
in the art would understand Kuwahara to disclose that a filter element is
placed over and upstream of the rib-like structure (i.e., intervention guard).
A reference anticipates a claim if it discloses the claimed invention such that
3 Appellants do not contest that Kuwahara’s dust filter 37 includes a
removable mesh-type filter (Br. 16).
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