Ex parte CHANEY et al. - Page 5




          Appeal No. 1998-0863                                                        
          Application 08/502,831                                                      


               because radiant electric heaters generate such extreme                 
               heat levels, one skilled in the art would recognize that               
               the plastic housing parts of convection heaters are not                
               readily adaptable for use with radiant heaters unless                  
               some mechanism is provided to maintain the plastic                     
               housing parts relatively cool.                                         
                    Nothing in the Krichton patent or any other prior                 
          art       of record suggests any mechanism for keeping the                  
                    plastic housing parts of a radiant heater cool in                 
                    spite of the extreme heat developed by a radiant                  
                    heater. . . .  Thus, one of ordinary skill in the                 
                    art would not be motivated to utilize the plastic                 
                    top cap of a convection heater such as the Patton                 
                    heater with a radiant heater as disclosed in the                  
                    Krichton patent.                                                  
               We are not persuaded by this argument.  The Krichton                   
          heater, like that disclosed by appellants, is a radiant heater              
          which also includes a fan (convective)(col. 1, lines 24 to                  
          27).  In Krichton, the fan 82 circulates air upward between                 
          the back of the reflector assembly 174 and the rear 24 of the               
          housing, and then outward through slots 184 between the                     
          reflector elements.  Krichton states at col. 1, lines 49 to                 
          52, that “the moving air maintains the heater at a low                      
          temperature, thereby promoting efficiency and eliminating the               
          dangers and discomforts to the user of high heater                          
          temperatures,” and further discloses at col. 5, lines 59 to                 
          62, that this moving air flow cools the reflector elements.                 

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