Ex parte YEAROUS et al. - Page 2




                     Appeal No. 2001-0557                                                                                                               Page 2                         
                     Application 09/376,548                                                                                                                                            


                                                                              BACKGROUND                                                                                               
                                The appellants’ invention relates to a package for an athletic glove (claims 1-10 and                                                                  
                     20), to the combination of an athletic glove and a package (claims 11, 12 and 14-16), and                                                                         
                     to a method for maintaining an athletic glove (claims 17 and 18).  An understanding of the                                                                        
                     invention can be derived from a reading of exemplary claims 1, 11 and 17, which appear in                                                                         
                     the appendix to the Brief.                                                                                                                                        
                                The prior art references of record relied upon by the examiner in rejecting the                                                                        
                     appealed claims are:                                                                                                                                              
                     Marks                                                 4,061,170                                             Dec.   6, 1977                                        
                     Cavan                                                 4,269,347                                             May  26, 1981                                         
                     Schlaupitz et al. (Schlaupitz)                        5,269,430                                             Dec. 14, 1993                                         
                     Haarlander                                            5,718,336                                             Feb. 17, 1998                                         
                     “Official Notice” of the conventional use of retention beads such as the ones in compact                                                                          
                     disk containers to hold information concerning the contents.                                                                                                      
                                The following rejections stand under 35 U.S.C. § 103(a):1                                                                                              
                     (1) Claims 1, 2, 5-10, 17 and 18 on the basis of Marks, Haarlander and Cavan.                                                                                     
                     (2) Claims 3 and 4 on the basis of Marks, Haarlander, Cavan and Schlaupitz.                                                                                       
                     (3) Claims 11, 12, 14 and 16 on the basis of Marks and Schlaupitz.                                                                                                
                     (4) Claim 15 on the basis of Marks, Schlaupitz, Haarlander and Cavan.                                                                                             
                     (5) Claim 20 on the basis of Marks, Haarlander, Cavan and Official Notice.                                                                                        



                                1Rejections under 35 U.S.C. § 112, second paragraph, were withdrawn in the                                                                             
                     Answer.                                                                                                                                                           





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