Ex parte MILLER - Page 2




          Appeal No. 98-1532                                                          
          Application No. 08/438,533                                                  


               The appellant’s invention is directed to a cover for a                 
          lawn sprinkler head.  The claims before us on appeal have been              
          reproduced in an appendix to the Brief.                                     


                                   THE REFERENCES                                     
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Block                    2,751,250                     Jun. 19,             
          1956                                                                        
          Leite et al. (Leite)     5,211,338                     May                  
               18, 1993                                                               

                                   THE REJECTIONS                                     
               Claim 1 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Leite in view of Block.                                   
               Claims 3 and 4 also stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Leite in view of Block.                          
               The rejections are explained in Paper No. 5, the final                 
          rejection.                                                                  
               The arguments of the appellant in opposition to the                    
          examiner’s positions are set forth in the Brief and the Reply               
          Brief.                                                                      


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