Ex parte REKOW et al. - Page 2




              Appeal No. 1997-1155                                                                     Page 2                
              Application No. 08/376,199                                                                                     


               1.142(b) as being directed to a non-elected invention.  No other claims remain pending in this               
              application.1                                                                                                  
                                                     BACKGROUND                                                              
                      The appellants' invention relates to a respirator (claims 1-14, 16 and 19-26) that has a               
              compressible press fit filter element (specification, page 1) and a method of replacing a                      
              compressible press fit filter element (claims 27 and 29).  An understanding of the invention can               
              be derived from a reading of exemplary claim 1, which appears in the appendix to the                           
              appellants' brief.                                                                                             
                      The prior art references of record relied upon by the examiner in rejecting the appealed               
              claims are:                                                                                                    
              Gordon                               1,499,864                            Jul.    1, 1924                      
              Tayebi                               4,856,508                            Aug. 15, 1989                        
              Forsgren                             5,222,488                            Jun.  29, 1993                       
              Jeffery et al. (Jeffery)             5,290,502                            Mar. 1, 1994                         
              Lehman                               5,390,668                            Feb. 21, 1995                        
                                                                                (filed Jun. 22, 1993)                        
                      The following rejections are before us for review.                                                     
              1.      Claims 1-14 and 21-23 stand rejected under 35 U.S.C.  103 as being unpatentable                       
              over Tayebi in view of Gordon.                                                                                 


                      A communication from appellants filed May 4, 2000 in further support of the supplemental information1                                                                                                     
              disclosure statement filed November 1, 1999 has been entered in the application file.  However, in the interest of
              judicial efficiency, consideration of this communication by the examiner has been held in abeyance pending decision
              on this appeal.                                                                                                







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