Ex parte BROOKMAN et al. - Page 2




          Appeal No. 1998-1315                                                       
          Application No. 08/334,751                                                 



                                 DECISION ON APPEAL                                  

               This is a decision on appeal from the examiner’s final                
          rejection (Paper No. 10) and rejection in the first                        
          supplemental examiner’s answer (Paper No. 19) of claims 1, 2,              
          4 through 9, 11 through 13 and 15 through 181.  Claims 3, 10,              
          14, 19 and 20 stand allowed.                                               


               Appellants’ invention is directed to a device for use in              
          hypoxic and fire emergencies to protect the user from heat,                
          noxious and/or toxic gases.  The device includes a “dry”                   
          multi-stage filter (66) which converts atmospheric gases into              
          breathable air, and a mask 22 made to conform to fit around                
          the user’s mouth and nose region.  The dry multi-stage filter              
          has: a first stage (82 and 88) which filters out smoke; a                  
          second stage 90 for filtering out toxic gases; a third stage               
          92 for filtering out remaining gases; a fourth stage 94 which              
          converts carbon monoxide to carbon dioxide; and a fifth stage              

               1 From a review of the record, it is understood that it is            
          claims  1, 2, 4 through 9, 11 through 13 and 15 through 18                 
          that are rejected as opposed to “1, 2, 4-9, 1-13 and 15-18" as             
          stated in the first supplemental examiner’s answer.                        
                                         2                                           





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