Appeal No. 97-0519
Application 08/291,719
allows the user to be more easily located in the dark by
rescue personnel.
In addition to the foregoing, we also REMAND this
case to the examiner for a consideration of the appropriate
scope of
the "second means" set forth in independent claim 21 on appeal
under 35 U.S.C. § 112, sixth paragraph, and for a
consideration of whether such a means (1) is distinguishable
from the printed indicia, advertisements or the like (col. 8,
lines 31-39) on the breathing apparatus of Hall, or (2) serves
to distinguish the claimed subject matter from a breathing
apparatus like that resulting from the combination of Hall and
Dosch in our new rejection of claims 18 and 19 above.
This decision contains a new ground of rejection
pur- suant to 37 CFR § 1.196(b) (amended effective Dec. 1,
1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct.
10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122
12
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007