Ex parte JAMES R. LUND - Page 2




                Appeal No. 97-0338                                                                                                            
                Application 08/229,398                                                                                                        


                         Claim 52, the only independent claim, is illustrative of the                                                         
                subject matter in issue and is reproduced in the appendix to this                                                             
                decision.                                                                                                                     
                         The references applied by the examiner in the final decision                                                         
                are:                                                                                                                          

                Turner                                    Des. 300,918                              May   2, 1989                             
                Willey                                    4,952,006                                 Aug. 28, 1990                             
                G.T. Styling's BUG-GARD deflectors for the Jeep Cherokee and                                                                  
                         Range Rover, shown in photographs in Appendices E and F,                                                             
                         respectively, in appellant's brief.2                                                                                 


                         Claims 52 and 57 stand finally rejected under 35 U.S.C.                                                              
                § 103 “as being unpatentable over Willey, optionally in view of                                                               
                Turner, ... in view of GT Styling [the BUG-GARD deflectors]”                                                                  
                (examiner's answer, page 3).                                                                                                  
                         The Willey reference discloses a hood shield assembly 10                                                             
                which is attached to the hood 14 of a vehicle 12 and extends                                                                  
                upward over the front of the hood 46, as shown in Fig. 3.  The                                                                





                         2These photographs were originally filed on February 23,                                                             
                1993, as Exhibits E and F, respectively, of appellant's Remarks                                                               
                to Preliminary Amendment and Information Disclosure Statement                                                                 
                (Paper No. 25) in parent application 07/982,249.                                                                              
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