Ex parte KLINGNER - Page 5




           Appeal No. 95-1908                                                                     
           Application 07/890,620                                                                 


           reaction pad carrying a reagent means in combination with a                            
           barrier layer impervious to the reagent means, such a “device”                         
           has no attachment means coupled to a reaction pad for                                  
           removably mounting the pad between a user and the protective                           
           clothing or equipment being tested.  Moreover, there is no                             
           apparent reason presented why one of ordinary skill in the art                         
           would have been motivated to provide such a “device” with an                           
           attachment means as claimed.  As appellant points out, the                             
           presently claimed invention and Cukier are directed to                                 
           fundamentally different kinds of problems which are usable in                          
           different types of applications, and which utilize different                           
           operating mechanisms.  Accordingly, the stated rejection of                            
           the appealed claims cannot be affirmed.                                                
                 Upon return of this application to the examiner, the                             
           examiner should reconsider the record in light of the                                  
           admissions in the specification at pages 2, line 30 through                            
           page 3, line 12 which discuss prior art efforts to measure                             
           chemical breakthrough of protective gloves and clothing                                
           utilizing cotton or cellulose pads attached under the gloves                           
           or clothing to absorb chemicals which breakthrough the                                 
           protective material.  These pads are said to be subsequently                           
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