Ex parte KOBAYASHI et al. - Page 3

                Appeal No. 96-0005                                                                                                            
                Application 07/722,599                                                                                                        

                having a portion at least partially juxtaposed to said berthing                                                               
                area on one side thereof, and an operator station positioned in                                                               
                said portion of said passenger compartment and containing means                                                               
                for accommodating an operator seated in a forwardly facing                                                                    
                condition, said operator station, said berthing area and the                                                                  
                controls of said smaller watercraft when positioned in said                                                                   
                berthing area being arranged for direct operation of said                                                                     
                controls by an operator seated within said operator station of                                                                
                said main hull passenger compartment while in a forwardly facing                                                              
                         The references of record relied on by the examiner are:                                                              
                Metcalf, Jr. et al. (Metcalf)                              3,858,541                   Jan.  7, 1975                          
                Babb                                                       3,865,062                   Feb. 11, 1975                          
                Yamaoka et al. (Yamaoka)                                   2,046,689                   Nov. 19, 1980                          
                (United Kingdom patent application)                                                                                           
                Yammer                                                     2-28088                     Jan. 30, 1990                          
                (Japanese patent publication)                                                                                                 
                         Additional prior art relied on by this merits panel of the                                                           
                Board is:                                                                                                                     
                The “popular type” of smaller watercraft of a “known form” that                                                               
                is powered by a jet propulsion unit and has a twist grip throttle                                                             
                control mounted on one of the pair of handle bars as disclosed in                                                             
                the appellants’ specification on pages 1, 7 and 8 (the admitted                                                               
                prior art).                                                                                                                   

                         Claims 1, 15 and 16 stand rejected under 35 U.S.C.  102(b)                                                          
                as being anticipated by Metcalf.3                                                                                             
                         Claim 3 stands rejected under 35 U.S.C.  103 as being                                                               
                unpatentable over Metcalf in view of Yamaoka.  The examiner is of                                                             

                         3The rejection of claim 16 on this ground was set forth as                                                           
                a new ground of rejection in the answer.                                                                                      

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