Ex parte FREELANDER - Page 3




          Appeal No. 1998-2851                                       Page 3           
          Application No. 08/756,901                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to an illuminated toy                
          pail.  An understanding of the invention can be derived from a              
          reading of exemplary claim 10, which appears in the appendix                
          to the appellant's brief.                                                   


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Williams                 691,036                       Jan. 14,             
          1902                                                                        
          Newcomb et al.                4,563,726                     Jan.            
          7, 1986                                                                     
          (Newcomb)                                                                   
          Hickey                   4,714,985                     Dec. 22,             
          1987                                                                        
          Gary                          4,962,907                     Oct.            
          16, 1990                                                                    



               Claims 10, 12 and 16 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Hickey in view of Williams, Newcomb              
          and Gary.                                                                   


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 








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