Appeal No. 1999-2544 Page 8
Application No. 08/796,513
Jackson discloses a humidifier for a patient needing
breathing support (col. 1, lines 12-15). The humidifier (50)
comprises a bundle (10) of polysulfone fibers in a chamber
(20)
(col. 3, lines 48-50) having an inlet (21) and outlet (23) for
water drawn by pump (P) from reservoir (40) through the space
between the fibers with the water maintained at 105º F by a
heater (42) in the reservoir (40). The humidifier (50) has a
plenum (30) for air from a respirator (36) and a plenum (32)
for air to the patient (col. 4, lines 4-27).
The appellant's only argument with respect to this ground
of rejection is found on pages 6 and 7 of the brief wherein it
is argued that "element 42 of Jackson... cannot electrically
heat the hollow fibers... all actions taken by element 42 in
Jackson are performed on water in reservoir 40. Element 42
therefore does not electrically heat hollow fibers and can not
anticipate the electrical heating means of claim 1." The
examiner recognizes that Jackson teaches the use of heated
water for heating that is in direct contact with the outer
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