Ex parte KOBAYASHI et al. - Page 15




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


          the hinged cover to, on the one hand, close to prevent damage to            
          the powered smaller watercraft and, on the other hand, serve as a           
          seat in the open position without providing any evidence or                 
          factual basis whatsoever to support this assertion.  It therefore           
          follows we will not sustain the examiner’s rejection of claims 62           
          and 63 under 35 U.S.C.  103 as being unpatentable over Metcalf.            
               Under the provisions of 37 CFR  1.196(b) we make the                  
          following new rejections.                                                   
               Claim 3 is rejected under 35 U.S.C.  103 as being                     
          unpatentable over the Japanese publication in view of the                   
          admitted prior art.  It would have been obvious to one of                   
          ordinary skill in this art to utilize the “conventional” jet                
          propelled type of watercraft of the admitted prior art in the               
          embodiment of Figs. 11-15 of the Japanese publication if, for no            
          other reason, to achieve the advantage of ease of availability.             
               Claims 15 and 16 are rejected under 35 U.S.C.  103 as being           
          unpatentable over the embodiment of Figs. 11-15 of the Japanese             
          publication in view of Metcalf.  It would have been obvious to              
          one of ordinary skill in this art to provide the larger                     
          watercraft 25 of the Japanese publication with a removable cover            
          over the berthing area in order to achieve the advantage of                 
          providing “a smooth unbroken deck surface for use by passengers”            


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