Ex parte MILETI - Page 8




          Appeal No. 96-3885                                                          
          Application No. 08/255,076                                                  


          the reference.  See Kalman v. Kimberly Clark Corp., 713 F.2d 760,           
          772, 218 USPQ 781, 789 (Fed. Cir. 1983); cert. denied, 465 U.S.             
          1026 (1984).                                                                


               The aerial toy of Waters (Figure 5; column 4, line 43 to               
          column 5, line 6) comprises, inter alia, a substantially rigid              
          ring structure (forward portion) and a cylindrical sleeve                   
          (trailing portion) of cloth, cloth-like (Nylon), or plastic                 
          (polyethylene) sheet.  The aforementioned sleeve of the noted               
          material is understood to be in a collapsed state without                   
          airflow.  Further, the toy is perceived to be clearly capable of            
          being launched by a person in a manner similar to a sling through           
          the air to impart speed to the toy and to create airflow past the           
          toy (claim 1) and clearly capable of being launched through the             
          air to impart speed to the toy to create airflow past the toy               
          (claim 19).  The toy of claims 1 and 19 is, accordingly,                    
          anticipated by the aerial toy teaching of Waters.                           


               Claims 2, 3, 6 and 7 are rejected under 35 U.S.C.  103 as             
          being unpatentable over Waters.                                             


               In our opinion, the disclosure in Waters (Figures 10, 11;              

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