Ex parte SILVA - Page 2




               Appeal No. 1999-2628                                                                           Page 2                  
               Application No. 08/652,723                                                                                             


                                                         BACKGROUND                                                                   
                       The appellant's invention relates to a haircutting guide-comb instrument for use in                            
               cutting hair of a human being.  An understanding of the invention can be derived from a                                
               reading of exemplary claim 16, 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:                                                                                                            
               Wall                                            3,928,871                      Dec. 30, 1975                           
               Maggiore                                        4,520,565                      Jun.   4, 1985                          
                       The following rejection is before us for review.1                                                              
                       Claims 15-17, 23 and 24 stand rejected under 35 U.S.C. § 103 as being unpatentable                             
               over Maggiore in view of Wall.                                                                                         
                       Reference is made to the brief  and reply brief (Paper Nos. 12 and 14) and the answer2                                                                              

               (Paper No. 13) for the respective positions of the appellant and the examiner with regard to the                       
               merits of this rejection.                                                                                              








                       1The examiner (advisory action, Paper No. 6) indicated that the 35 U.S.C. § 112 rejection of claims 15-24      
               was overcome by the amendment filed December 8, 1997.                                                                  
                       2Any references in this decision to the brief refer to the corrected appeal brief filed April 17, 1998 (Paper  
               No. 12).                                                                                                               







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