Appeal No. 97-3987 Page 10
Application No. 08/387,047
we agree that the claimed ramps do not read on the bottom
surfaces of Hippely's tanks 82. Furthermore, Hippely's base
(i.e, cover member 14) does not support the tanks 82 so as to
align a selected one of the tanks to extend between the entrance
gate and the exit gate.
Since each element of claims 1 through 3 is not found in
Hippely, the decision of the examiner to reject claims 1 through
3 under 35 U.S.C. § 102(b) is reversed.
Claims 5 and 6
Claims 5 and 6 each set forth that the playset comprises,
inter alia, (1) a dual tank unit supporting first and second
liquid filled tanks having respective first and second ramps
therethrough; (2) a track set having a travel path for guiding a
toy vehicle through the first tank via the first ramp; (3) a
receiving station; and (4) a robot arm.
We agree with the appellants' argument (brief, pp. 6-7) that
Hippely does not anticipate claims 5 and 6. In that regard, we
agree that the claimed ramps do not read on the bottom surfaces
of Hippely's tanks 82. Furthermore, Hippely does not provide a
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