Appeal No. 96-2860 Page 3
Application No. 08/049,408
BACKGROUND
The appellant's invention relates to a hand-held implement.
Claims 41 is representative of the subject matter on appeal and a
copy of claim 41, as it appears in the appendix to the
appellant's brief, is attached to this decision.
The prior art references of record relied upon by the
examiner as evidence of obviousness under 35 U.S.C. § 103 are:
Bernstein Des. 43,242 Nov. 12, 1912
Bingham Des. 292,297 Oct. 13, 1987
Johnson et al. 1,021,316 Mar. 26, 1912
(Johnson)
Döppel 1,497,363 June 10, 1924
Lipic, Jr. 2,318,171 May 4, 1943
(Lipic)
Wales 2,621,688 Dec. 16, 1952
Claims 41 through 61 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Döppel in view of Johnson, Wales, Lipic,
Bingham and Bernstein.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellant regarding the § 103 rejection, we
make reference to the examiner's answer (Paper No. 17, mailed
September 12, 1995) for the examiner's complete reasoning in
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