Ex Parte Pollack - Page 2



          Appeal No. 2004-0160                                                        
          Application No. 09/939,993                                                  

               Appellant’s invention “relates generally to forced air dryers          
          and, more specifically, to a forced air dryer designed to dry an            
          infant’s bottom during the diaper changing process” (specification,         
          page 1).  A further understanding of the invention can be derived           
          from a reading of exemplary claim 1, which appears in the appendix          
          to appellant’s main brief.                                                  
               The references relied upon by the examiner in the final                
          rejection as evidence of obviousness are:                                   
          Martin              1,660,802           Feb.  28, 1928                      
          Caruso              3,836,750           Sept. 17, 1974                      
          Chimera             5,394,620           Mar.  07, 1995                      
          Mintgen1 (DE’484)   2,637,484           April 20, 1978                      
          (German Patent)                                                             
               The following rejections under 35 U.S.C. § 103(a) are before           
          us for review:                                                              
               (1) claims 1-3, 5-7, 13 and 15, rejected as being unpatentable         
          over DE 2,637,484 (hereinafter, DE ‘484) in view of Caruso;                 




               1  Our understanding of this German language reference is              
          derived in part from a translation thereof prepared on behalf of            
          the Patent and Trademark Office.  It is our understanding that              
          the examiner is relying not only on the German reference, but               
          also on an English language abstract thereof prepared by Derwent.           
          Copies of both the translation and the Derwent abstract are                 
          attached to this opinion.                                                   
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