Ex parte SIMHAEE - Page 2




              Appeal No. 1999-2102                                                                 Page 2                 
              Application No. 08/715,990                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to a dispenser for plastic bags.  An understanding                 
              of the invention can be derived from a reading of exemplary claim 11, 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:                                                                                        
              Wheeler                      438,567                            Oct. 14, 1890                               
              Gage                                3,154,232                           Oct. 27, 1964                       
              Richardson                          4,714,191                           Dec. 22, 1987                       
                     Claims 11 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable                          
              over Wheeler in view of Richardson.                                                                         
                     Claims 12 and 13 stand rejected under 35 U.S.C. § 103 as being unpatentable                          
              over Wheeler in view of Richardson and Gage.                                                                
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                    
              appellant regarding the above-noted rejections, we make reference to the Answer (Paper                      
              No. 16) for the examiner's complete reasoning in support of the rejections, and to the Brief                
              (Paper No.15) for the appellant's arguments thereagainst.                                                   
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to the                  
              appellant’s specification and claims, the applied prior art references, the respective                      









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