Appeal No. 98-0964
Application 08/557,436
remaining in this application. Claims 1 through 22 have been
canceled.
Appellant’s invention is directed to a sit-on-top kayak
that allows three people to sit in a cockpit area which
heretofore was capable of accommodating only two people. The
embodiment of the invention as seen in Figures 14 through 20
of the application drawings is that to which claims 23 through
34 on appeal appears to be drawn. A copy of representative
claim 23, as it appears in the Appendix to appellant’s brief,
is attached to this decision.
The sole reference relied upon by the examiner in
rejections of the claims on appeal is:
Niemier Des. 377,473 Jan. 21, 1997
(Filed Mar. 25, 1994)
Claims 23 through 34 stand rejected under 35 U.S.C. §
102(b) as being anticipated by “Applicant’s own invention as
depicted in figures 14-20 of the present application, on sale
since approximately April 1994" (answer, page 5). In
explaining this rejection, the examiner has pointed to the
2
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