Ex parte WEI - Page 2




          Appeal No. 98-0973                                                          
          Application No. 08/538,419                                                  


               The appellant's invention is directed to a relaxing                    
          device comprising a hollow spherical ball having a sounding                 
          device located within.  The subject matter before us on appeal              
          is illustrated by reference to claim 1, which has been                      
          reproduced in an appendix to the Brief.                                     


                                   THE REFERENCES                                     
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Lambert                       1,286,657                Dec. 3,              
          1918                                                                        
          Salisbury                          2,003,957                Jun.            
          4, 1935                                                                     

                                    THE REJECTION                                     
               Claims 1-6 stand rejected under 35 U.S.C. § 103 as being               
          unpatentable over Salisbury in view of Lambert.                             
               The rejection is explained in the Examiner's Answer.                   
               The opposing viewpoints of the appellant are set forth in              
          the Brief and the Reply Brief.                                              


                                       OPINION                                        


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