Ex Parte Kintzele et al - Page 2



            Appeal No. 2006-2182                                                        Page 2              
            Application No. 10/670,623                                                                      
                                             BACKGROUND                                                     
                   The appellants' invention relates to an article suspension device for infants.           
            Claims 1 and 12 are representative of the subject matter on appeal, and a copy of               
            these claims can be found in the appendix to the appellants’ brief.                             
                   The examiner relies upon the following as evidence of unpatentability:                   
                    Anderson                           2,819,923       Jan. 14, 1958                        
                    Gabriel                            4,095,316       Jun. 20, 1978                        
                    Dalmaso                            4,253,544       Mar. 03, 1981                        
                    Giacona, III (Giacona)             6,029,870       Feb. 29, 2000                        
                   The following rejections are before us for review.                                       
               1. Claims 1, 2, 5-7, 10, 12, 13, 15, and 20 stand rejected under 35 U.S.C.                   
                   § 103(a) as being unpatentable over Anderson in view of Dalmaso.                         
               2. Claim 4 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over               
                   Anderson in view of Dalmaso and further in view of Gabriel.                              
               3. Claims 3, 8, 9, 14, and 16 stand rejected under 35 U.S.C. § 103(a) as being               
                   unpatentable over Anderson in view of Dalmaso and further in view of                     
                   Giacona.                                                                                 
                   Rather than reiterate in detail the conflicting viewpoints advanced by the               
            examiner and the appellants regarding this appeal, we make reference to the                     
            examiner's answer (mailed February 15, 2006) for the examiner's complete                        
            reasoning in support of the rejections and to the appellants’ brief (filed November             
            7, 2005) and reply brief (filed April 20, 2006) for the appellants’ arguments.                  









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