Ex parte SMAGAC - Page 7




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


          that "[t]he prior art discloses some high-expansion foam fire               
          fighting systems, both portable and fixed installations."                   


          In contrast to the examiner's position (answer, pages 4-                    
          5) that it would have been obvious to one of ordinary skill in              
          the art at the time of appellant's invention to modify the                  
          invention of Good "to generate fire suppressant foam" and to                
          provide the backpack system of Good with each of appellant's                
          recited components necessary for generating such a fire                     
          suppressant foam, we note that none of the prior art applied                
          by the examiner teaches or suggests a fire suppressant foam                 
          generating apparatus which is of a size so as to be mountable               
          on the backpack of Good. Each of the patents relied upon by                 
          the examiner that relates to a foam generating system                       
          discloses large arrangements, e.g., for a fixed storage                     
          building (Stults) or for drawing a foamable liquid from an                  
          open storage drum (Farison).  Thus, while we might, in the                  
          abstract, agree with the examiner that it would have been                   
          obvious to one of ordinary skill in the fire fighting art to                
          use a foam fire suppressant material instead of the liquid                  
          (e.g., water) in the tank of Good, we see no basis in the                   
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