Ex parte FERRE - Page 3




                 Appeal No. 96-1608                                                                                                                     
                 Application 08/220,462                                                                                                                 


                 Rapata, Cotey and Refabert.4                                                                                                           
                          Reference is made to the appellant’s brief (Paper No. 25)                                                                     
                 and to the examiner’s answer (Paper No. 26) for the respective                                                                         
                 positions of the appellant and the examiner with regard to the                                                                         
                 merits of these rejections.                                                                                                            
                          Deichmann, the examiner's primary reference, discloses an                                                                     
                 articulated doll having a head 1, an upper body 2, a lower                                                                             
                 body 3, overarms 4, 4', forearms 5, 5, hands 6, 6', upper legs                                                                         
                 7, 7', lower legs 8, 8 and feet 9, 9'.  Some of these parts                                                                            
                 consist of a pair of parallel plates bolted together in spaced                                                                         
                 relationship.  These plate-like parts articulate with respect                                                                          
                 to one another via links 14 having ball-shaped ends 15, 15'                                                                            
                 frictionally received in recesses formed in the edges of the                                                                           
                 plates (see Figure 3).                                                                                                                 
                          As conceded by the examiner (see page 3 in the answer),                                                                       
                 the Deichmann doll does not meet the limitations in                                                                                    
                 independent claims 9 and 10 relating to the spherical hollow                                                                           
                 helmet-shaped socket portion.  These limitations require the                                                                           


                          4The examiner has withdrawn the 35 U.S.C. § 112, second                                                                       
                 paragraph, rejection of claim 7 set forth in the final                                                                                 
                 rejection (see page 5 in the examiner’s answer, Paper No. 26).                                                                         
                                                                         -3-                                                                            





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