Ex parte BERLIN et al. - Page 8




          Appeal No. 1997-1436                                       Page 8           
          Application No. 08/419,174                                                  


          conveniently powered by conventional batteries 74, such as                  
          C-cell 1.5 volt batteries, located within another                           
          rectangularly shaped                                                        
          compartment or casing 76 formed in the torso section 12 of the              
          doll body near the rearward portion thereof.                                


               Based on our analysis and review of Hall Vandis and claim              
          13, it is our opinion that the only difference is the                       
          limitation that the audio device include "a sound activated                 
          switch connecting said source of power and said first means."               
          In that regard, the remaining limitations of claim 13 are                   
          readable on Hall Vandis' doll figure as follows:                            
          The combination of a stuffed doll having an exterior covering               
          and an interior space (Hall Vandis' doll figure and casing                  
          70), and an audio device (Hall Vandis' tape transport 50,                   
          etc.) comprising, an audio device mounted within said interior              
          space (Hall Vandis' tape transport 50 is mounted within casing              
          70), said audio device comprising a first means to record                   
          sounds (Hall Vandis' record switch 84 and microphone 82), a                 
          second means to                                                             









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