Appeal No. 1998-2815
Application No. 08/648,790
Grilk regarding selection of a respirator, we must conclude
that the examiner has relied upon impermissible hindsight to
come to the conclusion that one of ordinary skill in the art
would have combined the teachings of Hayward and Grilk so as
to use the expert program of Hayward to arrive at a method and
program code on a computer readable storage medium
specifically designed to select a respirator based on a first
and a second chemical, health effects of said first and second
chemicals, or a first chemical and a first exposure amount as
set forth in appellants' claims 1-48 on appeal.
With respect to the well known manuals that list harmful
gases or chemicals and corresponding respirators referenced by
the examiner in the Examiner's Answer, page 4, last paragraph,
appellants have indicated (Brief, pp 17-21) that the known
manuals for selecting respirators only provide information
about one chemical at a time and not for selecting a
respirator based on first and second chemicals together.
Further, as argued by appellants (Brief, pp 17-21) the known
manuals apparently do not consider the health effects of
individual chemicals and do not consider the exposure level of
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