Ex parte HIPPELY et al. - Page 2




                Appeal No. 97-3987                                                                                 Page 2                     
                Application No. 08/387,047                                                                                                    


                                                              BACKGROUND                                                                      
                         The appellants' invention relates to a thermochromic toy                                                             
                vehicle playset having a robot arm detailer.  An understanding of                                                             
                the invention can be derived from a reading of exemplary claims                                                               
                1, 5 and 8, which appear in the appendix to the appellants'                                                                   
                brief.                                                                                                                        


                         The prior art references of record relied upon by the                                                                
                examiner in rejecting the appealed claims are:                                                                                
                Hippely et al.                            4,961,716                                 Oct.  9, 1990                             
                (Hippely)                                                                                                                     
                Langer    2                               1,578,242                                 Nov.  6, 1962                             
                                                          (Germany)                                                                           
                Goldfarb                                  2,092,463                                 Aug. 18, 1982                             
                                                  (United Kingdom)                                                                            



                         Claim 4 stands rejected under 35 U.S.C. § 112, second                                                                
                paragraph, as being indefinite for failing to particularly point                                                              
                out and distinctly claim the subject matter which the appellants                                                              
                regard as the invention.                                                                                                      



                         2In determining the teachings of Langer, we will rely on                                                             
                the translation provided by the PTO.  A copy of the translation                                                               
                is attached for the appellants' convenience.                                                                                  







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