Appeal No. 1999-0348 Page 13
Application No. 08/663,471
Claim 12
Claim 12 recites a chemical delivery system comprising,
inter alia, a can, a thermally activated chemical, an
electrical heater assembly, and a thermally rupturable seal
closing an open end of the can. Claim 12 further recites that
the electrical heater assembly includes a resistance heater
wire connected with a primary thermal cut-off device.
The examiner determined that claim 12 was obvious over
Laibow. The examiner found (first Office action, p. 3) that
Laibow does not disclose "a thermal seal closing the open end
of the can." The examiner then concluded that "it would have
been obvious to provide a seal to retain the thermally
activated chemical in the can while handling and during
transport."
The appellants argue (brief, pp. 15-17) that the prior
art (i.e., Laibow) fails to disclose or suggest a thermally
rupturable seal closing an open end of a can.
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