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 condition. 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. -3-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007