Ex parte STEVE ZAMPELLA et al. - Page 3




          Appeal No. 96-3520                                                          
          Application 08/260,563                                                      



                    The prior art of record relied upon by the examiner in            
          rejecting the appealed claims under 35 U.S.C. § 103 is:                     
          Snyder et al. (Snyder)         4,257,527         Mar. 24, 1981              
          The admitted prior art steel drum seen in Figure 1 of the                   
          application drawings.                                                       


                    Claims 1 through 7, 9 and 10 stand rejected under                 
          35 U.S.C. § 103 as being unpatentable over admitted prior art               
          Figure 1 in view of Snyder.  According to the examiner,                     
                    [i]t would have been obvious to substitute                        
                    for the rolling hoops [of Figure 1], roll                         
                    loops [sic, hoops] with flattened outer sur-                      
                    face as shown by Snyder et al to further                          
                    improves [sic] the reinforcement on the                           
                    side wall as shown by Snyder et al. (answer,                      
                    page 3).                                                          


          OPINION                                                                     
                    In reaching our decision in this appeal, we have given            
          careful consideration to appellants' specification and claims, to           
          the applied prior art, and to the respective positions                      
          articulated by appellants and the examiner.  As a consequence of            
          our review, we have made the determination that the examiner's              
          rejection of the appealed claims under 35 U.S.C. § 103 cannot be            
          sustained.  Our reasons follow.                                             

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