Ex parte ORR - Page 9




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



          or the wall mounted picture frame and deodorizing cabinet of                
          Benedict, so as to arrive at the subject matter set forth in                
          appellant’s claims 1, 12 and 21 on appeal.  As to independent               
          claim 18, we share appellant’s view that one of ordinary skill              
          in the art would not have found any suggestion in the applied               
          references to merely take the warning lights and buzzers from               
          the wall mounted fume protection cabinet in Heffer and somehow              
          apply those same                                                            
          features to the portable breathing apparatus of Hall.  Thus,                
          the examiner's rejection of appellant's claims 1, 3, 4, 6, 7,               
          9, 11 through 16, 18, 20 through 28, 37 and 41 under 35 U.S.C.              
          § 103 based on Hall, Heffer and Benedict will not be                        
          sustained.                                                                  


                    We have also reviewed the patent to Dosch applied by              
          the examiner in the § 103 rejection of dependent claims 10,                 
          17, 19 and 42.  However, we find nothing in this reference                  
          which would supply that which we have noted above to be                     
          lacking in the basic combination of Hall, Heffer and Benedict.              
          Accordingly, the examiner's rejection of claims 10, 17, 19 and              

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