Ex parte PELL et al. - Page 2




          Appeal No. 1999-0069                                                        
          Application No. 08/388,741                                                  

          finally rejecting claims 1-18, which constitute all of the                  
          claims of record in the application.                                        
               The appellants’ invention is directed to a swimming                    
          creature simulator.  The claims before us on appeal have been               
          reproduced in an appendix to the Appeal Brief.                              
                                   THE REFERENCES                                     
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          King                     1,661,758                Mar.  6, 1928             
          Eastep              3,165,086                Jan. 12, 1965                  
          Wood                     3,874,320                Apr.  1, 1975             
          Kindred             4,172,427                Oct. 30, 1979                  
          Glover (UK)         582,928                  Dec.  2, 1946                  
                                   THE REJECTIONS                                     
               Claims 1-8 and 12-18 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Glover in view of Eastep and Wood                
          or Kindred.                                                                 
               Claims 9-11 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Glover in view of Eastep and Wood or                      
          Kindred, taken further in view of King.                                     
               Rather than attempt to reiterate the examiner’s full                   
          commentary with regard to the above-noted rejections and the                
          conflicting viewpoints advanced by the examiner and the                     
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