Ex parte VAN TASSEL - Page 10




          Appeal No. 95-2081                                                          
          Application 07/825,778                                                      



                    In light of the foregoing, we will not sustain the                
          examiner's rejection of claims 1, 3, 6, 7, 10, 12, 15, 18, 21,              
          27, 30, 33 and 38 under § 103 based on Small.                               


                    We next review the examiner's rejection of claims 2,              
          4, 5, 8, 9, 11, 13, 14, 16, 17, 19, 20, 22 and 34 under § 103               
          as                                                                          




          being unpatentable over Small in view of Sherman.  Even if we               
          accept the examiner's position that it would have been obvious              
          to one of ordinary skill in the art to provide a plurality of               
          tunnels in the powerboat of Small based on the teachings of                 
          Sherman (Figure 8), we find nothing in the combined teachings               
          of these references which provides for the deficiencies of                  
          Small as noted above in our treatment of independent claim 1.               
          Since independent claim 2 includes the same limitations as                  
          independent claim 1, except that in claim 2 each tunnel has a               
          forward vertical wall being approximately one inch in height,               
          it follows that the examiner's rejection of claim 2, and the                

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