Appeal No. 1998-0863
Application 08/502,831
for consideration.
Claims 11 to 20 are drawn to an upright radiant heating
appliance, and are reproduced in part X of appellants’ brief.
The references applied in the final rejection in
rejecting claims 11 to 20 are:
Krichton 3,051,820 Aug. 28, 1962
Schindler et al. (Schindler) Des. 325,251 Apr. 7, 1992
Chaney et al. (Chaney) Des. 329,692 Sep. 22, 1992
Kuwabara (Japanese Kokai) 61-122454 Jun. 10, 19861
Patton WH-80 space heater, Heartland America Catalog
(Nov. 1994) (Patton WH-80)2
The claims now on appeal stand finally rejected as
follows:
(1) Claims 11 to 15, unpatentable over Krichton in view of
1 A translation of this reference, prepared for the PTO,
is forwarded to appellant herewith.
2 We note that the date of this reference is subsequent to
the filing date of appellants’ parent application 07/994,416.
However, since appellants have not raised the issue of whether
it qualifies as prior art against them, we will proceed on the
assumption that the subject matter disclosed in the reference
constitutes prior art against appellants under one or more
provisions of 35 U.S.C. § 102.
2
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