Appeal No. 2002-1972 Page 2
Application No. 09/394,722
BACKGROUND
The appellant's invention relates to a yang-yin emblem. An understanding of the
invention can be derived from a reading of exemplary claim 1, which appears 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:
Bruzas et al. (Bruzas) 5, 203,564 Apr. 20, 1993
Philippe Des. 155,319 Sep. 20, 1949
Claims 1-5 stand rejected under 35 U.S.C. § 101 on the basis that the claimed
invention lacks patentable utility.
Claims 1-5 stand rejected under 35 U.S.C. § 112, first paragraph, as containing
subject matter which was not described in the specification in such a way as to enable
one of ordinary skill in the art to which it pertains, or with which it is most nearly
connected, to make and/or use the invention.
Claims 1, 3, 4 and 5 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Philippe.
Claim 2 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Philippe in view of Bruzas.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the Answer
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