Ex parte KOCH - Page 7




          Appeal No. 1999-2544                                       Page 7           
          Application No. 08/796,513                                                  


          heater, and they are provided with corresponding current                    
          connections" (specification, page 5, lines 5-11).                           


               In our view, one of ordinary skill in this art would                   
          understand the terminology "for electrical heating" when read               
          in light of the specification.  Accordingly, we find that "for              
          electrical heating" is clear in the context of these claims                 
          and we will not sustain the examiner's rejection of appealed                
          claims 1 through 11 under the second paragraph of 35 U.S.C. §               
          112.                                                                        
                The 35 U.S.C. § 102(b) rejection of claims 1 and 12                   


                                    ---Claim 1---                                     


               Claim 1 is directed to a respiration humidifier                        
          comprising a plurality of hollow fibers made of a material                  
          permeable to water vapor but impermeable to liquid water, a                 
          water feed connected to an outer jacket, breathing lines in                 
          connection with the interior of the fibers and "electrical                  
          heating means for electrical heating said fibers on their                   
          outer circumferential surface."                                             







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