Appeal No. 97-1979
Application 08/278,335
c) claims 17 through 20 under 35 U.S.C. � 103 as being
unpatentable over Astle in view of Babbidge.
Reference is made to the appellant’s main and reply
briefs (Paper Nos. 11 and 13) and to the examiner’s final
rejection and answer (Paper Nos. 7 and 12) for the respective
positions of the appellant and the examiner with regard to the
propriety of these rejections.
Astle, the reference common to all of the rejections,
discloses a kite “having an inflatable tube extending
circumferentially about its marginal edge and within which air
under pressure may be placed to aid in the lifting of the kite
while flying the same” (page 1, column 1, lines 3 through 7).
The body of the kite consists of a rubber sheet 5 having the
inflatable tube 6 secured thereto by vulcanizing or the like
(see page 1, column 1, lines 33 through 40). The kite also
includes an inflatable tail 15 or 17 attached to the sheet by
a string 14. With regard to the standing 35 U.S.C. �
102(b) rejection of claims 14, 15 and 23, anticipation is
established only when a single prior art reference discloses,
expressly or under principles of inherency, each and every
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