Ex parte MERMELL - Page 2




                    Appeal No. 97-4205                                                                                                                                     
                    Application 08/562,853                                                                                                                                 


                              The appellant’s invention pertains to a firearm safety                                                                                       
                    storage box.  Independent claim 1 is further illustrative of the                                                                                       
                    appealed subject matter and a copy thereof may be found in the                                                                                         
                    appendix to the appellant’s brief.                                                                                                                     
                              The prior art relied on by the examiner is:                                                                                                  

                    Luisada                                           3,655,087                               Apr. 11, 1972                                                
                    Veenema                                           3,989,157                               Nov.  2, 1976                                                
                    Markovich                                         4,446,900                               May   8, 1984                                                
                    Sacks                                             5,149,203                               Sep. 22, 1992                                                

                              The answer states that the following rejections are                                                                                          
                    applicable to the claims on appeal:3                                                                                                                   
                              Claims 1-7 and 10-12 stand rejected under 35 U.S.C. § 103 as                                                                                 
                    being unpatentable over Luisada in view of Veenema and Markovich.                                                                                      
                              Claim 8 stands rejected under 35 U.S.C. § 103 as being                                                                                       
                    unpatentable over Luisada in view of Veenema, Markovich and                                                                                            
                    "Official Notice."                                                                                                                                     
                              Claim 9 stands rejected under 35 U.S.C. § 103 as being                                                                                       
                    unpatentable over Luisada in view of Veenema Markovich and Sacks.                                                                                      
                              The examiner’s rejections are explained on pages 5-7 of the                                                                                  
                    answer.  The arguments of the appellant and examiner in support                                                                                        

                              3    In the final rejection claims 1-12 were also rejected under 35 U.S.C. §                                                                 
                    112, second paragraph.  In view of the lack of mention of this rejection in the                                                                        
                    answer, we presume that the examiner has withdrawn the final rejection of claims                                                                       
                    1-12 on this ground.  See Ex parte Emm, 118 USPQ 180 (Bd.App. 1957).                                                                                   
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