Ex parte PICKLE - Page 2




                Appeal No. 97-2145                                                                                                            
                Application 08/566,120                                                                                                        




                                                        DECISION ON APPEAL                                                                    
                                 This is an appeal from the final rejection of claims 1                                                       
                and 4.  These claims constitute all of the claims remaining in                                                                
                the application.                                                                                                              


                                 Appellant’s invention pertains to a sun catcher.  An                                                         
                understanding of the invention can be derived from a reading of                                                               
                claims 1 and 4, copies of which appear in the “APPENDIX” to                                                                   
                appellant’s brief (Paper No. 8).                                                                                              


                                 As evidence of obviousness, the examiner has applied                                                         
                the single document specified below:2                                                                                         
                Colbert et al.  (Colbert)       1,802,170       Apr. 21, 1931                                                                 


                                 The following rejections are before us for review.3                                                          



                         2No reference was set forth in section 9 of the answer                                                               
                (page 2).  However, the listed Colbert patent is the only                                                                     
                document of that name in the record (NOTICE OF REFERENCES CITED;                                                              
                attachment to Paper No. 2).                                                                                                   
                         3A final rejection of claim 1 under 35 U.S.C. § 112, second                                                          
                paragraph, was overcome, as indicated by the examiner (answer,                                                                
                page 3).                                                                                                                      
                                                                      2                                                                       





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