Ex Parte JULIEN - Page 2




             Appeal No. 2002-0605                                                          Page 2              
             Application No. 09/096,542                                                                        


                                               BACKGROUND                                                      
                   The appellant's invention relates to impact absorbers to protect humans,                    
             animals, equipment and cargo from injury or damage during transportation or other                 
             movement in which there is danger of destructive impact with external objects                     
             (specification, p. 1).  A copy of the claims under appeal is set forth 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:                                                                              
             Eshelman                        4,254,978                        Mar. 10, 1981                    
             Hochstein                       4,484,955                        Nov. 27, 1984                    
             Pearson                         4,723,765                        Feb.   9, 1988                   
             Snaith et al. (Snaith)          5,149,066                        Sep. 22, 1992                    



                   Claims 1, 2 and 11 to 13 stand rejected under 35 U.S.C. § 103 as being                      
             unpatentable over Snaith in view of Hochstein.                                                    


                   Claim 3 stands rejected under 35 U.S.C. § 103 as being unpatentable over                    
             Snaith in view of Hochstein and Pearson.                                                          











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