Ex parte DAVID F. OTT, et al. - Page 2



                Appeal No. 97-0081                                                                                                            
                Application No. 08/226,532                                                                                                    


                         The appellants' invention relates to mounting hardware for a                                                         
                toolbar.  Claim 1 is representative of the subject matter on                                                                  
                appeal and a copy of claim 1, as it appears in the appellants'                                                                
                brief, is attached to this decision.                                                                                          


                         The prior art references of record relied upon by the                                                                
                examiner as evidence of obviousness under 35 U.S.C. § 103 are:                                                                
                Robinson                                          823,292                           June  12, 1906                            
                Zvanut et al.  (Zvanut)                           4,909,463                         March 20, 1990                            
                                                                                                                                             

                         Claims 1 through 14  stand rejected under 35 U.S.C. § 103 as2                                                                                     
                being unpatentable over Zvanut in view of Robinson.                                                                           


                         Rather than reiterate the conflicting viewpoints advanced by                                                         
                the examiner and the appellants regarding the § 103 rejection, we                                                             
                make reference to the final rejection (Paper No. 5, mailed                                                                    
                September 28, 1995) and the examiner's answer (Paper No. 12,                                                                  
                mailed June 11, 1996) for the examiner's complete reasoning in                                                                
                support of the rejection, and to the appellants' brief (Paper No.                                                             
                11, filed April 29, 1996) for the appellants' arguments                                                                       
                thereagainst.                                                                                                                 


                         2It appears to us that claim 10 should be dependent on                                                               
                claim 8 or 9 to provide proper antecedent basis for the second                                                                
                circular aperture and the first circular aperture.                                                                            
                                                                      2                                                                       




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