Appeal No. 1999-0178
Application No. 08/658,849
Appellants’ invention pertains to a breathing apparatus.
A basic understanding of the invention can be derived from a
reading of exemplary claim 1, a copy of which follows.
1. A breathing apparatus comprising:
(i) at least one substantially spherical container 2
for holding breathable gas under pressure, and
(ii) a harness to which the at least one container3
is attached for securing the at least one container
to the user.
As evidence of obviousness, the examiner has applied the
documents listed below:
Meikle 932,880 Aug. 31, 1909
2The word “substantially” is a word of degree. In the
context used, it is not readily apparent to us that
appellants’ underlying disclosure gives an understanding as to
what a “substantially spherical” container would be. As such,
for purposes of this appeal, the term “substantially spherical
container” can only be understood to be a container which has
some apparent spherical characteristics. This matter will be
further addressed, infra, in a remand to the examiner.
3In light of the underlying disclosure, we comprehend a
harness for securing the at least one container to a user to
denote a securement structure intended to be supported by a
person.
2
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