Ex Parte Pollack - Page 6



          Appeal No. 2004-0160                                                        
          Application No. 09/939,993                                                  

          ‘484 is equally susceptible to the same outlet blockage problem             
          contemplated by Caruso” (answer, page 12).                                  
               We appreciate that Caruso teaches a forced air dryer having            
          venting means adjacent the main air outlet for venting air if the           
          main air outlet is blocked in order to prevent the development of           
          substantial back pressure.  Our difficulty with the examiner’s              
          rejection lies in the examiner’s determination that outlet blockage         
          and resulting back pressure is a cause of concern in DE ‘484.  The          
          examiner has pointed to nothing in DE ‘484, and we are aware of             
          nothing, that supports this position.  Accordingly, the examiner’s          
          determination (answer, paragraph bridging pages 12-13) that one of          
          ordinary skill in the art would look to Caruso to fashion a remedy          
          for the alleged back pressure buildup problem in DE ‘484 is not             
          well founded.  In this regard, the Derwent abstract of DE ‘484              
          states that the rubber nozzle at the lower end of the housing from          
          which warm air emerges is interchangeable to suit different                 
          vehicles.  Based on this disclosure, it is reasonable to assume             
          that the rubber nozzle of DE ‘484 is intended to be in close                
          proximity and/or contact with the lock and its surrounding door             
          structure in order to direct the entirety of the hot air flow               
          toward and into the frozen lock, which mode of operation would cast         

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