Appeal No. 97-0519
Application 08/291,719
This is a decision on appeal from the examiner's
final rejection of claims 1, 3, 4, 6, 7, 9 through 28, 37, 41
and 42. Claims 8, 38 through 40 and 43 through 55, the only
other claims remaining in the application, stand allowed.
Claims 2, 5 and 29 through 36 have been canceled.
Appellant's invention relates to an emergency
breathing apparatus which includes a decorative and/or
functional front portion that "is sized so that the container
1, mouthpiece 2, and actuator 3 are substantially unobservable
when the device is viewed along a front elevational view
thereof" (specification, page 8). Appellant’s intent here is
that when the emergency breathing device is not in use, it may
be decoratively situated in virtually any setting with the
decorative front portion thereof exposed to view. Independent
claims 1, 12 and 21 on appeal appear to be directed to this
embodiment of appellant’s invention. An additional embodiment
of appellant’s invention is set forth in independent claim 18
on appeal. This embodiment of the invention relates to an
emergency breathing apparatus which includes "means for
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