Ex parte BATLIWALLA et al. - Page 3




          Appeal No. 1997-0236                                                        
          Application No. 08/211,829                                                  



          the components of the heater being such that a heater which is              
          substantially identical, except that it does not contain the                
          second insulating jacket, fails the VW-1 flame test, and (b) a              
          heater which is substantially identical, except that it does                
          not contain the first insulating jacket, fails the VW-1 flame               
          test.                                                                       
               The Examiner relies on the following prior art:                        
          Bruns                    3,576,388                Apr. 27, 1971             
          Smith-Johannsen et al.   3,861,029                Jan. 21, 1975             
          (Smith-Johannsen)                                                           
          Betts et al. (Betts)     4,151,366                Apr. 24, 1979             
          Shulver                  4,677,418                Jun. 30, 1987             
               Claims 1-16 and 18-20 stand rejected under 35 U.S.C. §                 
          103 as unpatentable over Smith-Johannsen in view of Shulver or              
          Betts and further in view of Bruns.                                         
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Brief and Answer for the                 
          respective details thereof.                                                 
                                       OPINION                                        
               We have carefully considered the subject matter on                     
          appeal, the rejection advanced by the Examiner, and the                     
          evidence                                                                    
          of obviousness relied upon by the Examiner as support for the               
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, Appellants’                        
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