Appeal No. 97-0519
Application 08/291,719
42 on appeal under 35 U.S.C. § 103 will likewise not be
sustained.
As should be apparent from the foregoing, the
decision of the examiner rejecting claims 1, 3, 4, 6, 7, 9
through 28, 37, 41 and 42 of the present application is
reversed.
Under the provisions of 37 CFR § 1.196(b), we enter
the following new ground of rejection against claims 18 and 19
on appeal.
Claims 18 and 19 are rejected under 35 U.S.C. § 103
as being unpatentable over Hall in view of Dosch. Hall
discloses a portable breathing apparatus generally like that
set forth in
appellant’s claims 18 and 19 on appeal, except that the
breathing apparatus of Hall does not include "means for
providing a loca- tion of said apparatus in darkness" as in
claim 18 on appeal, and
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