Ex parte SMAGAC - Page 2




          Appeal No. 1999-0615                                                        
          Application No. 08/786,974                                                  


          further consideration under 37 CFR § 1.142(b) as being                      
          directed to a non-elected species.                                          


          Appellant's invention is directed to a backpack mounted                     
          fire suppressant foam generation apparatus and to a method of               
          using such an apparatus for generating fire suppressant foam.               
          As seen in Figure 8 of the application drawings, the backpack               
          unit is designed to be carried on the back of a single                      
          firefighting individual and to be used in wildland/urban                    
          locations which do not have access to an adequate supply of                 
          the traditional fire suppressant material, i.e., water.                     
          Independent claims 1 and 12 are representative of the subject               
          matter on appeal and a copy of those claims, as reproduced                  
          from the Appendix to appellant's brief, is attached to this                 
          decision.                                                                   


          The prior art references relied upon by the examiner in                     
          rejecting the appealed claims are:                                          
          Farison                       3,337,195                Aug. 22,             
          1967                                                                        
          Stults                        3,592,269                Jul. 13,             
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