Ex Parte Davis - Page 3


                 Appeal 2006-2253                                                                                      
                 Application 10/464,595                                                                                

                        The Examiner relies on the following prior art references to show                              
                 unpatentability:                                                                                      
                 Robbins   US 5,295,447   Mar. 22, 1994                                                                
                 Dhont    US 5,397,237   Mar. 14, 1995                                                                 

                 Appellant’s Prior Art Admission (“AAPA”) on page 5 of Specification                                   

                                                   REJECTIONS                                                          
                        The rejections as presented by the Examiner are as follows:                                    
                        Claims 1 to 9, 11 to 13 and 15 to 20 are rejected under 35 U.S.C                               
                 § 103(a) as unpatentable over Dhont in view of Robbins.                                               
                        Claims 10, 14 and 21 are rejected under 35 U.S.C. § 103 as being                               
                 unpatentable over Dhont and Robbins and further in view of AAPA.                                      
                        The Examiner contends that a person of ordinary skill in the art at the                        
                 time of the invention would have been motivated to modify the Dhont                                   
                 device so as to be comprised of a thermally resistant material, as taught by                          
                 Robbins, in order to provide the device in Dhont with fire-resistant                                  
                 properties that would safeguard any items located within the enclosure in the                         
                 event of a fire.                                                                                      
                        The Appellant contends that the Examiner has failed to cite a credible                         
                 or legitimate suggestion to modify the Dhont device so as to be comprised of                          
                 a thermally resistant material as taught by Robbins.                                                  





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