Ex parte KIDWELL - Page 2




                 Appeal No. 97-3295                                                                                                                     
                 Application No. 08/424,759                                                                                                             


                          The appellant's invention is directed to a suntanning                                                                         
                 body support.  The subject matter before us on appeal is                                                                               
                 illustrated by reference to claim 20, which has been                                                                                   
                 reproduced in an appendix to the Brief.2                                                                                               
                                                               THE REFERENCES                                                                           
                          The references relied upon by the examiner to support the                                                                     
                 final rejection are:                                                                                                                   
                 Lerman                              3,323,151                                    Jun.  6, 1967                                         
                 Spann                               3,938,205                                    Feb. 17, 1976                                         
                 Oldfield                            4,535,495                                    Aug. 20, 1985                                         
                 De Fries                            4,222,468                                    Sep. 16, 1980                                         
                 Groenewald                          5,224,226                                    Jul.  6, 1993                                         
                                                               THE REJECTIONS                                                                           
                          The following rejections stand under 35 U.S.C. § 103:                                                                         
                          (1) Claims 6, 8 and 20 on the basis of Groenewald and De                                                                      
                          Fries.                                                                                                                        
                          (2) Claim 7 on the basis of Groenewald, De Fries and                                                                          
                 Lerman.                                                                                                                                
                          (3) Claim 9 on the basis of Groenewald, De Fries and                                                                          
                 Spann.                                                                                                                                 
                          (4) Claims 21-24 on the basis of Spann and Groenewald.                                                                        

                          2We note that the dependency of claim 6 is recited as                                                                         
                 being from claim 5, which has been canceled.  It would appear                                                                          
                 that claim 6 should depend from claim 20.  Also, as pointed                                                                            
                 out by the examiner, claim 27 was not reproduced in the                                                                                
                 appendix to the Brief.                                                                                                                 
                                                                           2                                                                            





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