Ex parte ALLEN - Page 8




          Appeal No. 97-0925                                         Page 8           
          Application No. 08/328,159                                                  


               To support a rejection of a claim under 35 U.S.C. § 102(b),            
          it must be shown that each element of the claim is found, either            
          expressly described or under principles of inherency, in a single           
          prior art 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).                                                       


               Claim 1 is directed to an umbrella whose cover in the open             
          mode assumes a cylindrical shape with a hemispherically shaped              
          top.  Claim 9 is directed to an umbrella which, when in the open            
          mode, assumes a shape wherein the lowermost portion is cylin-               
          drical and the uppermost portion is hemispherical or dome-shaped.           


               Rowsey discloses a portable planetarium having the shape,              
          structure, and utility of an extended umbrella while serving the            
          dual and more important function of being an educational tool               
          usable to ascertain the location of planets and stars throughout            
          the year.  The planetarium includes a frame having a                        
          configuration defined by a frustrum of a cone with a                        
          substantially hemispherical cap attached thereon.  A pole is                
          aligned with the center axis of the frustrum of the cone and                
          extends through the top of the hemispherical cap, with the                  








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