Ex parte HOLMQUIST-BROWN et al. - Page 2




          Appeal No. 1997-0153                                                        
          Application No. 08/375,681                                                  


                                     BACKGROUND                                       
               The appellants’ invention is directed to a filter                      
          cartridge for a respirator.  Particular emphasis is placed on               
          the tight fit (page 3, lines 19-22) between the filter                      
          cartridge and the respirator housing such that fluid does not               
          flow between the filter cartridge and respirator housing.                   
          Independent claim 1 is representative of the subject matter on              
          appeal and a copy thereof is set forth in the appendix to the               
          appellants’ brief.                                                          


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:2                             
          Braun et al. (Braun)     4,790,306      Dec. 13, 1988                       
          Schlobohm               5,148,803      Sep. 22, 1992                       


               Claims 1-4 and 6-16 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Schlobohm in view of Braun.                      


                                                                                     
          2 The examiner has initialed the IDS Form PTO-1449 filed 15 July 1996       
          indicating consideration of the French and German references.  However, there
          is no indication of the examiner’s consideration of U.S. Patents No. 3,072,119
          and 2,804,936 cited on the Form PTO-1449 filed 17 June 1996.                

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