Ex parte COOMBS et al. - Page 31




          Appeal No. 95-4152                                                          
          Application 08/042,044                                                      

          different uses taught for Hanson's system at col. 15, line 39)              
          had sufficient knowledge and common sense both to recognize                 
          the problem that the camera and display would be exposed to                 
          high temperatures and flames and the solution of using fire                 
          protective insulated jackets.                                               
          Claim 23 -- Hanson, Hamilton, and Eckstein                                  
               Claim 23 recites that the camera is mounted in a position              
          to be cooled by the exhalation gas of an exhalation valve on a              
          facepiece.  The examiner applies Hamilton as showing an open                
          loop breathing system connected to a faceplate and Eckstein as              
          teaching the use of the exhaled gas to cool the outer housing               
          of a heated cartridge.  Appellants argue that the combination               
          is mere hindsight (Br31-32).  We agree with appellants.                     
          Eckstein is a closed loop system that recycles exhaled air                  
          over a regenerative cartridge 5.  There is no suggestion in                 
          Hamilton or Eckstein of using exhaled gas from an open loop                 
          system to cool an external component.  The examiner has failed              
          to establish a prima facie case of obviousness.  The rejection              
          of claim 23 is reversed.                                                    





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