Ex parte KOCH - Page 17




          Appeal No. 1999-2544                                      Page 17           
          Application No. 08/796,513                                                  


          appellant's claim 1, or heat the outer circumferential surface              
          of the fibers, as recited in the appellant's claims 1 and 12.               
          Lambert's heating of paper layers is not at all a teaching or               
          suggestion for heating hollow fibers on their outer                         
          circumferential surface as recited in claims 1 and 12.  For                 
          these reasons, it does not appear to us that the suggested                  
          combination of these prior art references, as proposed by the               
          examiner, would yield the apparatus defined in the appellant's              
          claims 1 and 12 on appeal.                                                  


               Also, Jackson discloses (Fig. 6) that in the humidifier                
          the water vapor from the heated water permeates the thin walls              
          of the fibers and humidifies the dry air flowing through the                
          hollow fibers to saturation at body temperature which proceeds              
          into the patient (column 6, lines 28-37).  There is, thus, no               
          necessity to modify Jackson, as the examiner suggests, by                   
          providing an electrical heating means for heating to generate               
          vapor pressure within the device sufficient to cause passage                
          of water vapor but not liquid water through the wall of the                 
          hollow tubes.  For this reason, there is no basis for the                   
          examiner's suggestion to modify Jackson by providing an                     







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