Ex parte ORR - Page 7




          Appeal No. 97-0519                                                          
          Application 08/291,719                                                      



                    reasons - see column 5 [sic, 3].  Heffer                          
                    does not teach a completely portable unit                         
                    with a                                                            

                    picture frame mounted thereon.  Benedict                          
                    teaches a cabinet for dispensing room                             
                    deodor- izers or the like, where a picture                        
                    frame is mounted on the front thereof for                         
                    cosmetic purposes.  In view of the art of                         
                    record, it is shown that the emergency                            
                    breathing appara- tus claimed is known in                         
                    the art.  Therefore the unobviousness                             
                    question is based upon providing a known                          
                    emergency breathing device with a cosmetic                        
                    cover in the form of a pic- ture frame.                           
                    The prior art teaches decora- tively                              
                    disguising emergency breathing devices with                       
                    picture frames as well as other func-                             
                    tional devices.  Therefore, the teachings                         
                    of the prior art teach that it would have                         
                    been obvious to one of ordinary skill in                          
                    the art to have decoratively hid an                               
                    emergency breath- ing device behind a                             
                    picture frame for cos- metic purposes                             
                    (answer, page 6).                                                 


                    In an apparent effort to address independent claim                
          18 on appeal, the examiner has additionally taken the position              
          that                                                                        
                    Heffer teach [sic] the need for visual and                        
                    audible location indicating means to allow                        
                    the devices to be located during a fire, so                       
                    that the victims using the device may be                          
                    rescued by firefighters.  As such, it would                       
                                          7                                           





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