Ex parte SUNDBERG et al. - Page 7




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


          source, as in the instant claimed invention.  The porcelain                 
          enamel metal substrate of Yamamoto is part of a motor control               
          board for controlling the speed of a motor.  While there is                 
          some ancillary heating taking place, it is the overheating of               
          the porcelain enamel metal substrate which becomes important                
          to Yamamoto as this occurrence is used to trip a temperature                
          fuse and break the resistance circuit.  The porcelain enamel                
          metal substrate of Yamamoto is not being used to purposely                  
          provide heat to another element, i.e., the fragrance bar, as                
          claimed, and we find nothing within the disclosures of Pons                 
          Pons and Yamamoto which would have led the artisan to employ                
          the porcelain enamel metal substrate of Yamamoto as a heating               
          element in Pons Pons to heat the fragrance bar 2 of Pons Pons.              
               Accordingly, we will not sustain the rejection of claims               
          1, 5, 7, 8, 11 through 15 and 17 through 19 under 35 U.S.C. §               
          103 wherein Yamamoto is used as a basis for the rejection.                  
               We reach varied, sometimes opposite, results with regard               
          to the new ground of rejection wherein Hedden is substituted                
          for Yamamoto.                                                               
               Hedden clearly teaches that a porcelain enamel metal                   
          substrate may be employed as a heating panel to generate                    
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