Ex parte REKOW et al. - Page 5




              Appeal No. 1997-1155                                                                     Page 5                
              Application No. 08/376,199                                                                                     


                      In the embodiment of Figure 8, which was specifically referred to by the examiner in                   
              making the rejection (final rejection, page 2), Tayebi discloses a face mask comprising a foam                 
              shell 11 having a hole 37 into which a collar 38 is thermobonded, friction snap-fit or adhesive                
              bonded.  A cartridge filter 40 "of the type well known in the art" is inserted into a passage 39               
              of the collar 38, where it is retained in a relatively tight friction fit so as to form a joint through        
              which no unfiltered air can pass (column 13, lines 9-19).  Although the sectioning of the collar               
              38 shown in Figure 8 appears to indicate that the collar is made of a synthetic resin or plastic,              
              Tayebi does not further specify the material of the collar 38 or indicate whether it is at all                 
              flexible or compressible.  While one of ordinary skill in the art would probably infer that one                
              of the cartridge filter 40 and collar 38 deforms at least to some degree so as to form an air-tight            
              joint therebetween, there is no indication that the filter element of the cartridge filter 40 is               
              compressible at all, let alone more compressible than the collar 38, as required by                            
              claim 1.                                                                                                       
                      Gordon teaches the use of a shell 1 to retain a pair of sponge rubber filters 11, 12 in an             
              air cleaner for an internal combustion engine.  Gordon teaches that the filter beds are slightly               
              greater in diameter than the band so that the filters become outwardly bowed, as shown in                      
              Figure 3, when they are inserted into the retainer.  According to the examiner, it would have                  
              been obvious to one of ordinary skill in the art to provide the Tayebi device with such a means                











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