Appeal No. 97-2780
Application 08/456,109
Appellant’s claimed invention relates to a novelty
display device or novelty display item, as it is called in the
appealed claims. According to claim 1, the only independent
claim on appeal, the novelty display item comprises a
plurality of lightweight objects (4-6) each formed of a soft
foam resilient material, a rigid base (7) having an array of
holders for holding the lightweight objects, and a label (8-
10) with a different lettered message attached to the base
under each object. As disclosed in appellant’s specification,2
the novelty display item may be used in a meeting in which
participants are free to select one of the lightweight
objects, depending upon the message on the associated label,
and to toss the selected object at the speaker.
A copy of the appealed claims is appended to
appellant’s brief.
2 The recitation of “a respective cavity” in line 7 of claim 1 lacks
antecedent basis. However, when read in context with the remainder of the claim, it is
apparent that the cavity is intended to refer to the specific form of the holder for
each lightweight object. Although this informality does not obscure the metes and bounds
of the claimed invention, it nonetheless is deserving of correction in the event of
further prosecution before the examiner.
2
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