Appeal No. 1998-1315
Application No. 08/334,751
provide full protection in real-life situations (brief, Paper
No. 13, pg. 22-23). “To modify McGoff in order for it to be
use [sic, used] in real-life situations would destroy the
purpose of the invention, namely to provide a low cost
canister for training purposes. Accordingly, using an
oral/nasal mask, such as the mask shown in Brookman, with
McGoff still fails to provide for a device which can be
utilized for real-life situations” (brief, Paper No. 13, pg.
23).
We do not agree with appellants that there is no
teaching, suggestion or motivation for combining McGoff and
Brookman. Although McGoff is intended to be used as a
training device, we find that the device of McGoff provides
for protection of a user from heat, noxious and/or toxic gases
and we agree with the examiner that McGoff discloses the
device as claimed except for the specifics of the mask. Since
appellants have not further argued that McGoff fails to
disclose an exclusively dry filtering system after the
examiner’s explanation on page 7 of the answer, we find the
ultimate question to be, whether it would have been obvious to
one of ordinary skill in the art to have utilized the mask of
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