Ex parte BROWN - Page 3




          Appeal No. 97-1226                                         Page 3           
          Application No. 08/288,479                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a insulated spray                 
          bottle.  An understanding of the invention can be derived from              
          a reading of appealed claim 1, which appears in the appendix                
          to the appellant's brief.                                                   


               The prior art references of record relied upon by the                  
          examiner as evidence of obviousness under 35 U.S.C. § 103 are:              
          Diamond et al.                4,932,563                     June            
          12, 1990                                                                    
          (Diamond)                                                                   
          Davis                    4,972,973                     Nov. 27,             
          1990                                                                        



               Claim 1 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Davis in view of Diamond.                                 


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the § 103                       
          rejection, we make reference to the examiner's answer (Paper                
          No. 14, mailed August 2, 1996) and the examiner's response to               
          the edited reply brief (Paper No. 20, mailed February 6, 1998)              







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