Ex parte BRIAN S. PETRUCCI - Page 3




          Appeal No. 95-3109                                                          
          Application 08/043,113                                                      


               The following rejections under 35 U.S.C.  103 are before us           
          for review:2                                                                
               (a) claims 1-4, 6, 11-15, 18 and 19, unpatentable over                 
          Yanagishima;                                                                
               (b) claims 5 and 17, unpatentable over Yanagishima in view             
          of Smith; and                                                               
               (c) claims 7, 16 and 20, unpatentable over Yanagishima in              
          view of Skrzycki.                                                           
               Each of the independent claims 1 and 11 calls for a support            
          member having an opening for receiving sound directed from a                
          loudspeaker, a discrete acoustically transparent grille assembly            
          extending across the opening, and a trim cloth covering the                 
          grille to conceal its finish and at least a portion of the                  
          support member to hide the grille assembly from view from within            
          a vehicle passenger compartment.  Independent claim 18 sets forth           
          similar subject matter in method format.                                    



          In the final rejection, claims 1-7 and 11-17 were also2                                                                      
          rejected under 35 U.S.C.  112, second paragraph.  Since these              
          claims have been amended subsequent to final rejection in such a            
          manner so as to apparently overcome the examiner’s criticism of             
          these claims, and since no mention of this rejection has been               
          made by the examiner in the answer, we presume that the examiner            
          has withdrawn the final rejection of claims 1-7 and 11-17 on this           
          ground.  Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).                   
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