Ex Parte Pollack - Page 8



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

               We have also reviewed the Martin and Chimera references                
          additionally replied upon by the examiner in the rejections of              
          claims 4 and 14, respectively, but find nothing in these additional         
          references that makes up for the deficiencies of DE ‘484 and Caruso         
          discussed above.  Accordingly, we also cannot sustain the standing          
          rejections of claims 4 and 14.                                              
                                        Remand                                        
               This case is remanded to the examiner for consideration of the         
          following matters.                                                          
               Caruso discloses a device that responds to many limitations of         
          the appealed claims.  Using claim 1 as a guide, Caruso discloses a          
          device for drying a moist region of a person’s body (the hair and           
          scalp) comprising, a housing 12 having an air inlet 54 and an air           
          outlet 80, 84, an electric fan 40 mounted within the housing, so as         
          to blow air toward the air outlet, an electric power source 56              
          connected to the electric fan, an end piece (nozzle 82) protruding          
          from the air outlet, and a means (radially disposed ports 86) for           
          venting air to the atmosphere, bypassing the air outlet, if the             
          outermost end 84 of the air outlet is blocked.  Thus, Caruso would          
          appear to meet all the limitations of at least claim 1, with the            
          possible exception of the requirement that the end piece has a              
          “resilient” outermost end.                                                  
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