Appeal No. 1998-1315
Application No. 08/334,751
an oxygen source. This device comprises a canister (10)
having “layers of filter and chemical parts through which air
containing carbon monoxide with or without carbon dioxide,
hydrocarbons and nitrogen oxides passes and is scrubbed for
inhalation by a user” (col. 3, lines 26-30). Brookman
discloses a respiratory system for use on aircraft or similar
compartments to temporarily prevent asphyxiation or
suffocation due to the presence of smoke, toxic and/or noxious
gases, having a protective hood (28), an oral/nasal mask (1)
and a connection to a fresh, breathable air supply. The
filtering device comprises a wet chemical air purifier, which
is ruptured by the user to release a wet agent to neutralize
the noxious and toxic gases.
It is the examiner’s position that McGoff teaches “an
exclusively dry” multi-stage filtering device for protection
from heat, noxious and/or toxic gases as recited in claim 1,
and that the device is intended to be used with a convention
mask (answer, Paper No. 17, pg. 5-6). The examiner relies on
Brookman to show a conventional mask to be used with McGoff,
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