Ex parte GARBER et al. - Page 3




          Appeal No. 1998-2815                                                        
          Application No. 08/648,790                                                  


                    b) executing program code in the data processing                  
          system in order to determine a health effect of a second                    
          chemical; and,                                                              
                    c) executing program code in the data processing                  
          system in order to select a respirator based upon the health                
          effects of the first and second chemicals.                                  
               48.  A computer readable storage medium having                         
          program code stored thereon, wherein the program code includes              
          a database containing data on chemicals and respirators, and                
          wherein the program code further includes a non-standards                   
          based engine which, when executed, performs the steps of (a)                
          accepting first and second chemicals which are entered by a                 
          user, and (b) selecting a respirator based upon the database                
          and the first and second chemicals which are entered by the                 
          user.                                                                       


               The prior art references of record relied upon by the                  
          examiner as evidence of obviousness are:                                    


          Grilk                    4,860,223           Aug. 22, 1989                  
          Hayward et al. (Hayward)      5,574,828           Nov. 12, 1996             
          (filed Apr. 28, 1994)                                                       
                                                                                     
                                                                                     
               Claims 1-48 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Hayward in view of Grilk.                                 


               Rather than attempt to reiterate the examiner's full                   

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