Appeal No. 2000-0226 Page 2
Application No. 08/694,200
BACKGROUND
The appellant's invention relates to a method of, and
apparatus for sealing fireplaces to prevent the loss of
conditioned air from the living quarters through such
fireplaces (specification, p. 1). A copy of claims 1 to 4, 6
and 8 under appeal is set forth in the appendix to the
appellant's brief (Paper No. 11, filed July 21, 1998). A copy
of claim 7 under appeal is set forth on page 3 of the
examiner's answer (Paper No. 12, mailed May 25, 1999).
The prior art of record relied upon by the examiner in
rejecting the appealed claims is:
Knudson 1,830,364 Nov. 3,
1931
Reiner 3,789,825 Feb. 5,
1974
Le Brun 3,888,232 June 10,
1975
Gallagher 4,072,140 Feb.
7, 1978
Fox et al. (Fox) 4,160,442 July 10,
1979
The examiner also relied upon the appellant's admission of
prior art (shown in Figure 1 and described in the
specification at page 4, lines 6-10) relating to a
conventional fireplace (Admitted Prior Art).
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