Appeal No. 1998-1315
Application No. 08/334,751
with means for retaining the mask tightly on the user’s mouth
and nose region for use in a device that protects the user
from heat, noxious and/or toxic gases. The examiner points
out (answer, paper No. 17, pg. 8) that McGoff discloses “an
operational device of the scope of [appellants’] claims with
the exception of the particular mask structure,” which is
shown specifically in Brookman.
It is the appellants’ position that “there is absolutely
no teaching, suggestion or motivation in the references for
the proposed combination [of McGoff and Brookman]” and states
that McGoff “is merely a training device and not intended or
practical for real life situations” (brief, paper No. 13,
pages. 19-20). Appellants also states that the filter of
McGoff “provides protection in environments where toxic fumes
are limited to carbon monoxide, carbon dioxide, hydrocarbons
and nitrogen oxides, and could not be used as a protective
device from all heat, noxious and/or toxic gases which are
present during hypoxic and fire emergencies” (brief, Paper No.
13, pg. 19). Appellant also states that there is absolutely
no teaching, motivation or suggestion to utilize the McGoff
for anything other than a training device and would not
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