Ex parte BROOKMAN et al. - Page 3




          Appeal No. 1998-1315                                                       
          Application No. 08/334,751                                                 
          for heat absorption.  The mask has an exhalation valve (26)                
          for expelling expired air.  A hood (36) is attached to the                 
          mask which can be deployed by pulling deployment straps (48)               
          and made to fit over the head, neck and shoulder of the user.              
          The mask also has a means (23) for retaining the mask tightly              
          on the user’s mouth and nose.  The device can be used alone or             
          used in connection with a breathable oxygen source (120) and               
          is made to be stored in a standard overhead oxygen mask                    
          aircraft compartment (122) during non-emergency situations.                
          Claim 1 is representative of the subject matter before us on               
          appeal and a copy of that claim is attached to this decision.              


               The prior art references of record relied upon the                    
          examiner as evidence of obviousness are:                                   
               McGoff et al(McGoff)     5,038,768           Aug. 13, 1991            
               Brookman                      5,115,804      May. 26,                 
          1992                                                                       


               Claims 1, 2, 4 through 9, 11 through 13 and 15 through                
          18 stand rejected under 35 U.S.C. § 112, first paragraph, as               
          containing subject matter which was not described in the                   
          specification in such a way as to convey to one skilled in the             
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