Ex parte DUTCHBURN - Page 2




          Appeal No. 95-4994                                         Page 2           
          Application No. 08/133,294                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a play-head for a                 
          hockey stick.  Claim 1 is representative of the subject matter on           
          appeal and a copy of claim 1 is attached to this decision.                  


               The prior art reference of record relied upon by the                   
          examiner as evidence of anticipation under 35 U.S.C. § 102(b) is:           
          White, Sr.               3,529,825                Sept. 22, 1970            
          (White)                                                                     



               Claims 1, 2 and 8 stand rejected under 35 U.S.C. § 102(b) as           
          being anticipated by White.                                                 


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellant regarding the § 102(b) rejection,            
          we make reference to the examiner's answer (Paper No. 10, mailed            
          February 13, 1995) and the examiner's response to the reply brief           
          (Paper No. 12, mailed June 29, 1995) for the examiner's complete            
          reasoning in support of the rejection, and to the appellant's               
          brief (Paper No. 9, filed October 12, 1994) and reply brief                 
          (Paper No. 11, filed March 13, 1995) for the appellant's                    
          arguments thereagainst.                                                     








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