Ex parte IMAMURA et al. - Page 2




                     Appeal No. 1998-0294                                                                                                                                              
                     Application No. 08/318,726                                                                                                                                        




                                The appellants’ invention is directed to a humidifier                                                                                                  
                     (claims 1, 8 and 9) and to an elongate hollow yarn body                                                                                                           
                     (claims 2-7).  The claims on appeal have been reproduced in an                                                                                                    
                     appendix to the Brief.                                                                                                                                            
                                                                            THE REFERENCES                                                                                             
                                The references relied upon by the examiner to support the                                                                                              
                     final rejection are:                                                                                                                                              
                     Schladitz                                                        3,869,242                                            Mar.  4,                                    
                     1975                                                                                                                                                              
                     Desage                                                4,748,314                                             May  31, 1988                                         
                     Japanese publication                   2-4147                                                               Jan. 11, 1990                                         
                     Kawasaki et al. (Japanese reference)                                          1                                                                                   
                                                                            THE REJECTIONS                                                                                             
                                The following rejections under 35 U.S.C. § 103 are before                                                                                              
                     us:2                                                                                                                                                              


                                1 Our understanding of this reference was obtained from a                                                                                              
                     PTO translation, a copy of which is enclosed.                                                                                                                     
                                2Apparently because he inadvertently omitted claim 9 from                                                                                              
                     the final rejection, the examiner made two new rejections in                                                                                                      
                     the answer, encompassing all nine claims, while maintaining                                                                                                       
                     the two original rejections.  However, inconsistencies exist                                                                                                      
                     between the two sets of rejections.  We have set forth the                                                                                                        
                     examiner’s positions, as we understand them to be, in the                                                                                                         
                     following two expressions of the rejections.                                                                                                                      
                                                                                          2                                                                                            





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