Ex parte SUNDBERG et al. - Page 4




          Appeal No. 97-3030                                                          
          Application No. 08/254,181                                                  


               The primary reference to Pons Pons discloses a                         
          conventional electronically heated air freshener having a                   
          fragrance bar 2 stored in a compartment 6 wherein a casing 7                
          encloses the entire package which is then plugged into a                    
          standard electrical outlet via prongs 10.  Connection to the                
          AC power supply permits heat resistance 11 to heat the                      
          vaporizable scent material of the fragrance bar 2.  As                      
          recognized by the examiner, Pons Pons does not disclose the                 
          heat source to be a porcelain enamel metal substrate," as                   
          claimed.                                                                    
               The examiner employs Napierski for the teaching of                     
          providing a heater adjacent to a fragrance block or in direct               
          contact with a block to be heated.  It is our view that any                 
          such teaching provided by Napierski is merely cumulative to                 
          that already taught by Pons Pons wherein heat resistance 11 is              
          adjacent the fragrance bar and provides for heating the bar.                
               For the teaching of "a porcelain enamel metal substrate,"              
          the examiner relies on Yamamoto.  Yamamoto does, indeed,                    
          disclose a porcelain enamel metal substrate, e.g., lines 3-4                
          of the Abstract.  The examiner reasons (principal answer-page               
          3) that "Yamamoto shows that it is known in the art to use a                
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