Appeal No. 2004-0440 Page 2
Application No. 10/083,171
BACKGROUND
The appellants’ invention relates to an automotive air freshener for insertion into
a cigarette lighter socket of a vehicle. The air freshener is provided with an electrical
heater element, a control circuit and a three-position switch which controls the current
to the heater element to thereby permit operation in high and low heat settings, as well
as an off position. Further understanding of the invention may be obtained from a
reading of claim 1, which is reproduced, infra, in the opinion section of this decision.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Thaler et al. (Thaler) 4,473,086 Sep. 25, 1984
Stein et al. (Stein) 5,394,506 Feb. 28, 1995
Freidel 6,374,044 Apr. 16, 2002
(filed Aug. 1, 2000)
The following is the sole rejection before us for review.
Claims 1-7 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Stein in view of Freidel and Thaler.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejection, we make reference to the answer
(Paper No. 12) for the examiner's complete reasoning in support of the rejection and to
the brief and reply brief (Paper Nos. 11 and 13) for the appellants’ arguments
thereagainst.
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