Ex parte HARDY - Page 2




          Appeal No. 97-2900                                                          
          Application No. 29/039,134                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a design for a pellet.            
          The claim on appeal is:                                                     
          The ornamental design for a pellet for tossing at weddings as               
          shown and described.                                                        


               The prior art reference of record relied upon by the                   
          examiner as evidence of anticipation under 35 U.S.C. § 102 is:              
          Grodberg et al.          3,345,265                Oct. 3, 1967              
          (Grodberg)                                                                  



               The design claim stands rejected under 35 U.S.C. § 102(a),             
          (b) and (e) as being anticipated by Grodberg.                               


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellant regarding the § 102 rejection, we            
          make reference to the examiner's first Office action (Paper No.             
          2, mailed January 29, 1996) and the examiner's answer (Paper No.            
          7, mailed March 17, 1997) for the examiner's complete reasoning             
          in support of the rejection, and to the appellant's brief (Paper            
          No. 6, filed November 17, 1996) for the appellant's arguments               
          thereagainst.                                                               

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