Ex parte ALLAIN et al. - Page 2




                 Appeal No. 2001-0314                                                                                                                   
                 Application No. 09/102,677                                                                                                             

                 Claims 11, 13 and 14, the only other claims pending in the                                                                             
                 application, stand allowed.                                                                                                            




                                                                THE INVENTION                                                                           
                          The subject matter on appeal relates to a motor vehicle                                                                       
                 flood protection apparatus (claims 3, 5 through 9, 15 and 16)                                                                          
                 and to a method of folding same after use (claim 10).  A copy                                                                          
                 of the claims at issue appears in the appendix to the                                                                                  
                 appellants’ main brief (Paper No. 6).                              2                                                                   
                                                                THE PRIOR ART                                                                           
                          The references relied on by the examiner as evidence of                                                                       
                 obviousness are:                                                                                                                       
                 Battle                                       4,315,535                                    Feb. 16, 1982                                
                 Lohse                                        4,930,557                                    Jun.  5, 1990                                
                 Tall                                                  5,458,945                                    Oct. 17,                            
                 1995                                                                                                                                   
                 Chiang                                       5,497,819                                    Mar. 12, 1996                                

                                                               THE REJECTIONS                                                                           

                          2The terms “said other end wall” in claims 5 and 6 and                                                                        
                 “said end and wall panels” in claim 8 lack a proper antecedent                                                                         
                 basis.  Based on preceding claim terminology, it would appear                                                                          
                 that these terms should be –-said end walls–- and -–said end                                                                           
                 and side panels–-, respectively.                                                                                                       
                                                                           2                                                                            





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