Appeal No. 1998-1315
Application No. 08/334,751
Brookman with the device of McGoff?
Appellants’ claim 1 sets forth a device which protects a
user from heat, noxious and/or toxic gases. We interpret this
statement to mean that the device protects the user from any
one or all of the three conditions during hypoxic and fire
emergencies. We agree with the examiner (answer, Paper No.
17, pg. 7) that the “claim language does not require
protection from all heat, noxious and/or toxic gases which
are present during hypoxic and fire emergencies” and the
device of McGoff would indeed provide protection for the user
to the extent as claimed. We find nothing in the claim that
requires the device to protect the user from all three
conditions and McGoff does indeed provide protection from at
least noxious and/or toxic gases. We also find that although
the specifics of the mask and the means for retaining the
mask over the user’s mouth and nose are not expressly
disclosed in McGoff, Brookman discloses a conventional mask
that is capable of being used with the training device of
McGoff. Presumably, if the mask of Brookman can be used in
emergencies, it can also be used effectively in training, as
well. Contrary to appellants’ statement that McGoff’s device
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