Ex Parte Kruger - Page 2




                    Appeal No. 2002-1969                                                                                                                                  
                    Application No. 09/665,907                                                                                                                            


                    is representative of the subject matter on appeal and a copy of                                                                                       
                    that claim can be found in the Appendix to appellant's brief.                                                                                         


                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claims are:                                                                                                        
                    Wrege                                            1,459,042                                         Jun. 19, 1923                                      
                    Cordell, Jr. (Cordell)                           3,191,336                                         Jun. 29, 1965                                      
                    Root et al. (Root)                               4,908,975                                         Mar. 20, 1990                                      

                    Claims 1 and 4 through 8 stand rejected under 35 U.S.C.                                                                                               
                    § 103(a) as being unpatentable over Cordell in view of Wrege.                                                                                         


                    Claims 2 and 3 stand rejected under 35 U.S.C. § 103(a) as                                                                                             
                    being unpatentable over Cordell in view of Wrege as applied to                                                                                        
                    claim 1 above, and further in view of Root.                                                                                                           


                    Rather than attempt to reiterate the examiner's full                                                                                                  
                    commentary with regard to the above-noted rejections and the                                                                                          
                    conflicting viewpoints advanced by the examiner and appellant                                                                                         
                    regarding those rejections, we make reference to the final                                                                                            
                    rejection (Paper No. 5, mailed August 15, 2001) and examiner's                                                                                        
                    answer (Paper No. 8, mailed March 26, 2002) for the reasoning in                                                                                      



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