Ex parte FOGLE - Page 5




          Appeal No. 98-2398                                                          
          Application No. 08/815,251                                                  


          OPINION                                                                     
          In reaching our decision in this appeal, we have given                      
          careful consideration to appellant’s specification and claims,              
          to the applied prior art references, and to the respective                  
          positions articulated by appellant and the examiner.  As a                  
          consequence of our review, we have made the determination that              
          the examiner’s position is not well founded and will therefore              
          not be sustained. Our reasons follow.                                       


          Like appellant, we note that independent claims 1 and 11                    
          on appeal each recite "an ignition droplet adhering to said                 
          ohmic heating element" of the igniter, while method claim 16                
          sets forth the steps of "depositing an ignition droplet on                  
          said ohmic heating element in a fluid condition" and then                   
          curing the resin binder of the droplet to cause the droplet to              
          adhere to the ohmic heating element.  As explained in the                   
          specification (page 10) and as can be clearly seen in                       
          appellant’s drawing Figures 2 and 3, the "ignition droplet"                 
          (46)                                                                        
                   has the shape of a somewhat spherical segment                     
                    with a generally circular periphery centered on                   

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