Appeal No. 2001-0226
Application 09/009,122
THE PRIOR ART
The references relied on by the examiner to support the
final rejection are:
Craig 1,085,023 Jan. 20, 1914
Gagliano 3,041,773 Jul. 3, 1962
THE REJECTIONS
Claims 1, 4 through 6 and 16 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Gagliano.
Claims 2 and 3 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Gagliano.
Claim 11 stands rejected under 35 U.S.C. § 102(b) as being
anticipated by Craig.
Attention is directed to the appellant’s brief (Paper No. 9)
and to the examiner’s final rejection and answer (Paper Nos. 5
and 10) for the respective positions of the appellant and the
examiner with regard to the merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 102(b) rejection of claims 1, 4 through 6 and
16 as being anticipated by Gagliano
Gagliano discloses an insect attracting and killing
apparatus comprising a top wall 11, side walls 12 and 13, a front
wall 14 having a circular opening 15, a rear wall 17 having an
2
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