Ex parte WHITAKER et al. - Page 2




          Appeal No. 2001-0346                                       Page 2           
          Application No. 08/887,648                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to fragrance samplers                
          provided in magazines and the like (specification, p. 2).  A                
          copy of the claims under appeal is set forth in the opinion                 
          section of this decision.                                                   


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Bootman et al. (Bootman)           5,391,420                Feb.            
          21, 1995                                                                    
          Charbonneau                   5,419,958                May  30,             
          1995                                                                        



               Claims 5, 13 and 18 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Charbonneau in view of Bootman.                  


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the answer (Paper No. 17,                   
          mailed June 18, 1999) for the examiner's complete reasoning in              
          support of the rejection, and to the brief (Paper No. 16,                   









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