Ex Parte WOLFE et al - Page 10




              Appeal No. 2004-0658                                                                Page 10                 
              Application No. 09/419,579                                                                                  


              by a spring operatively engaging, in tensioned condition, a portion of the support                          
              member and the actuating member, and a member fabricated of two separable portions                          
              each bound to the other by fusible material which when fused at a predetermined                             
              temperature permits the two separable portions to be released, thus activating the heat                     
              sensor.  Sullivan further teaches that the heat sensor operates in conjunction with a                       
              canister of compressed gas and a horn which are operatively associated with the heat                        
              sensor to sound an alarm when the heat sensor is activated.  As shown in Figure 1, the                      
              heat sensor 1 includes compressed gas canister 10, horn assembly 20 and valve                               
              actuation means 50.                                                                                         


              Claims 2, 3, 7 and 8                                                                                        
                     With regard to claims 2, 3, 7 and 8, the appellants argue (brief, pp. 3-5) that the                  
              subject matter of these claims is not suggested by the combined teachings of the                            
              applied prior art.  Specifically, the appellants argue that there is no teaching, suggestion                
              or motivation in the applied prior art to have modified Cameron's warning sign to have                      
              the warning/signaling device disposed within a vertical segment of the staff.  We do not                    
              agree.                                                                                                      


                     In our view, Cameron discloses in Figure 7 that the horn unit 154 is disposed                        
              within a vertical segment of the staff.  Additionally, it is our conclusion that the teachings              








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