Ex Parte Munroe et al - Page 3




              Appeal No. 2004-0440                                                                  Page 3                
              Application No. 10/083,171                                                                                  


                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellants’ specification and claims, to the applied prior art references, and to the                   
              respective positions articulated by the appellants and the examiner.  As a consequence                      
              of our review, we make the determinations which follow.                                                     
                     Independent claim 1 reads as follows:                                                                
                            1.  An automotive air freshner [sic: freshener] for insertion                                 
                            into a cigarette lighter socket of an auto operatively                                        
                            connected to a source of electrical power, comprising:                                        
                                   an elongated housing having first and second ends                                      
                            and opposite sides,                                                                           
                                   a first electrical contact in the first end of said housing                            
                            and protruding from the inside to the outside of the housing,                                 
                                   second electrical contacts on the opposite sides of                                    
                            said first end and protruding from the inside to the outside of                               
                            the housing,                                                                                  
                                   the first end of the housing being adapted for                                         
                            insertion into the cigarette lighter socket so that the first and                             
                            second electrical contacts can be in electrical contact with                                  
                            the socket,                                                                                   
                                   an elongated circuit board in the housing extending                                    
                            towards the first and second ends connected to the first and                                  
                            second electrical contacts and including a control circuit with                               
                            a multi-position circuit with a multi-position switch that                                    
                            provide varying degrees of heat to an electrical heater                                       
                            element,[1]                                                                                   

                                   an aromatic fragrance means in said housing, and                                       


                     1 Actually, the control circuit and switch provide varying degrees of current to the electrical heater
              element so that the electrical heater element provides or produces varying degrees of heat.                 






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