Appeal No. 97-0519
Application 08/291,719
respective positions articulated by appellant and the
examiner. As a consequence of our review, we have made the
determinations which follow.
Turning first to the examiner's rejection of claims
1, 3, 4, 6, 7, 9, 11 through 16, 18, 20 through 28, 37 and 41
under 35 U.S.C. § 103, we note that independent claim 1 on
appeal requires that "a front portion" of the storing means,
the mouth- piece member, and the airflow permitting means of
the emergency breathing apparatus include "a decorative and/or
functional
device," wherein said decorative and/or functional device com-
prises a means for retaining a pictorial image. Claim 12 on
appeal is similar to claim 1 and requires that "a front
portion" of the container for maintaining air under pressure,
the air discharging means, and the air delivering means for
orally
delivering air in said container to a user include "a
decorative front surface," and that said decorative front
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