Appeal No. 97-0519
Application 08/291,719
surface comprises "a frame for slidably receiving a pictorial
representation." Independent claim 21 is also directed to an
embodiment of appel- lant’s invention which has "a decorative
front portion which serves as an aesthetically-pleasing home-
like decoration so that said emergency breathing apparatus can
be conveniently located in a variety of settings." By
contrast, independent claim 18 on appeal makes no mention of a
decorative front portion on the emergency breathing apparatus
defined therein, but instead defines a breathing apparatus
which includes "means for pro-viding a location of said
apparatus in darkness."
The examiner urges (answer, page 5) that Hall
teaches the basic emergency breathing apparatus of appellant’s
claims on appeal, but does not teach "hiding the device behind
an attached picture frame for cosmetic reasons." To address
this difference the examiner looks to Heffer and Benedict,
taking the position that
Heffer teach [sic] a similar emergency
breathing device, and also teach hiding
the emergency breathing device behind a
decorative picture or the like for cosmetic
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Last modified: November 3, 2007