Ex parte SMITH et al. - Page 16




          Appeal No. 1999-0348                                      Page 16           
          Application No. 08/663,471                                                  


               Claim 19 recites a chemical delivery system comprising,                
          inter alia, a can, a thermally activated chemical, and an                   
          electrical heater assembly.  Claim 19 further recites that the              
          electrical heater assembly includes a resistance heater wire                
          having a parallel shunt at one end thereof which bypasses a                 
          portion of the heater wire.                                                 


               The examiner determined that claim 19 was obvious over                 
          Laibow.  The examiner found (first Office action, p. 3) that                
          Laibow does not disclose "a parallel shunt."  The examiner                  
          then concluded that "it would have been obvious to employ a                 
          parallel shunt such as, for example, to operate a single light              
          to display that the heating element is operational."                        


               The appellants argue (brief, pp. 17-18) that the claimed               
          parallel shunt (i.e., a resistance heater wire having a                     
          parallel shunt at one end thereof which bypasses a portion of               
          the heater wire) is not taught, disclosed nor suggested by                  
          Laibow, or any of the other cited references.                               










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