Ex parte YASUHARA et al. - Page 12




          Appeal No. 96-1614                                                          
          Application No. 08/236,660                                                  


          Appellants again make only a single argument against                        
          this rejection.  Specifically, appellants argue that Popowski               
          “does not describe or suggest the perforated areas lacking in               
          the                                                                         
          Fong et al. patent as described above, nor any other means for              
          facilitating operation of drawing apparatus by a child”                     
          [brief, page 6].                                                            
          This argument is not persuasive because it is                               
          completely unrelated to the claimed invention.  Representative              
          claim                                                                       
          35 recites no perforated areas even though Fong teaches a                   
          perforated area as discussed above.  We also find no language               
          within claim 35 which requires a consideration of how use of                
          the claimed invention by a child is facilitated.  Since                     
          appellants have offered no arguments which are persuasive of                
          error in the examiner’s rejection, we sustain the examiner’s                
          rejection of claims 3-6, 8-18, 35 and 36.                                   
          We now consider the rejection of claims 22-24 as                            
          unpatentable over the teachings of Fong in view of Wickstead.               
          We will consider this rejection with respect to claim 22 as                 
          representative of all the claims within this group.  This                   
                                         12                                           





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007