Ex parte MEOLI JR. et al. - Page 2




                 Appeal No. 98-1204                                                                                                                     
                 Application No. 08/609,551                                                                                                             


                          The appellants’ invention is directed to a spreader bar                                                                       
                 for a hammock.  The subject matter before us on appeal is                                                                              
                 illustrated by reference to claim 1, which has been reproduced                                                                         
                 in an appendix to the Brief (Paper No. 8).                                                                                             
                                                               THE REFERENCES                                                                           
                          The references relied upon by the examiner to support the                                                                     
                 final rejection are:                                                                                                                   
                 Nickerson                                                      369,546                             Sep.  6,                            
                 1887                                                                                                                                   
                 Palmer                                                468,576                             Feb.  9, 1892                                
                 Lloyd                                                 631,747                             Aug. 22, 1899                                

                                                              THE REJECTIONS2                                                                           
                          Claims 20 and 21 stand provisionally rejected under the                                                                       
                 judicially created doctrine of obviousness-type double                                                                                 
                 patenting over claims 21 and 22 of copending Application                                                                               
                 Serial No. 08/609,550.3                                                                                                                
                          Claims 1, 4, 6 and 7 stand rejected under 35 U.S.C. §                                                                         
                 102(b) as being anticipated by Nickerson.                                                                                              

                          2A rejection under 35 U.S.C. § 112 erroneously was                                                                            
                 included in the listing of standing rejections on page 4 of                                                                            
                 the Answer.  This rejection was overcome by amendment (see                                                                             
                 Paper No. 7).                                                                                                                          
                          3This is erroneously recited in the Answer as 08/609,551.                                                                     
                                                                           2                                                                            





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