Appeal No. 1998-2815
Application No. 08/648,790
respirator on the basis of first and second chemicals.
Based on the combined teachings of Hayward and Grilk and
well known manuals that list harmful gases/chemicals and
corresponding respirators, the examiner concluded that it1
would have been obvious to one skilled in the art to utilize
the expert system of Hayward in order to perform the same task
that is presently being completed using the cumbersome
manuals. The examiner further concluded that it would have
been obvious to utilize computer means and databases to store
information regarding health hazards due to harmful
gases/chemicals.
Implicit in this rejection is the examiner's view that the
1The examiner's use of evidence not set forth in the
statement of the rejection is improper. For purposes of this
appeal, we understand that the well known manuals and
databases mentioned on pages 1 and 2 of appellants'
specification are relied upon by the examiner as part of the
rejection of claims
1-48 under 35 U.S.C. § 103. Under such a circumstance, the
well known manuals/databases clearly should have been set
forth in the statement of the rejection.
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