Ex parte ARBUCKLE - Page 3




          Appeal No. 97-2780                                                          
          Application 08/456,109                                                      


                 The following references are relied upon by the                      
          examiner as evidence of obviousness in support of his                       
          rejection under 35 U.S.C. § 103:                                            


          Kelling             3,073,661                Jan. 15, 1963                  
          Alton               4,955,485                Sep. 11, 1990                  
               Claims 1 through 6 stand rejected under 35 U.S.C. § 103                
          as being unpatentable over Alton in view of Kelling. According              
          to the examiner’s findings (see pages 3-4 of the answer),                   
          Alton discloses a display base having a plurality of cavities               
          for displaying baseballs or other items. Based upon his                     
          analysis of the scope and content of the Alton reference, the               
          examiner concedes that Alton lacks a teaching of labels on the              
          base (see page 3 of the answer) and, also, a teaching of                    
          forming the displayed items or objects from a soft, foam                    
          resilient material as called for in appealed claim 1 (see                   
          pages 4-5 of the answer).                                                   


               With regard to the difference pertaining to the labels,                
          the examiner concludes that the teachings of Kelling would                  
          have made it obvious “to modify Alton by attaching labels to                

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