Appeal No. 97-3987 Page 11
Application No. 08/387,047
travel path for guiding a toy vehicle through the first tank via
the first ramp.
Since each element of claims 5 and 6 is not found in
Hippely, the decision of the examiner to reject claims 5 and 6
under 35 U.S.C. § 102(b) is reversed.
The obviousness issues
We will not sustain the examiner's rejection of claims 4 and
7 through 10 under 35 U.S.C. § 103.
Claims 4 and 7
The decision of the examiner to reject dependent claims 4
and 7 is reversed since the all the limitations of their parent
claims (i.e., claims 1 and 5) are not taught by Hippely for the
reasons set forth above.
Claims 8 and 9
Claims 8 and 9 each set forth that the playset comprises,
inter alia, (1) a dual tank unit having first and second liquid
filled tanks and first and second toy vehicle trackways
therethrough; (2) a first track segment for guiding a toy vehicle
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Last modified: November 3, 2007