Ex parte EBELING - Page 9




          Appeal No. 98-0430                                                          
          Application 08/688,141                                                      



          hand tools that work material by pounding.  One such art is                 
          the pestle art.                                                             
          The patent to Maris (U.S. Patent No. 278,575, issued May 29,                
          1883), a copy of which is attached to this opinion, is exem-                
          plary.                                                                      


                    In summary, this panel of the board has:                          


                    reversed the rejection of claims 9 through 12 under               
          35 U.S.C. § 103 as being unpatentable over Walker in view of                
          Schnase; and                                                                
                    reversed the rejection of claims 9 through 12 under               
          35 U.S.C. § 103 as being unpatentable over Posey.                           


                    Additionally, we have remanded the application to                 
          the examiner for consideration of arts addressing hand tools                
          that work material by pounding.                                             


                    The decision of the examiner is reversed.                         



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