Ex parte MAZZARELLI - Page 3




                 Appeal No. 1997-1765                                                                                     Page 3                        
                 Application No. 08/324,927                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a protective cover                                                                       
                 secured by differential pressure.  An understanding of the                                                                             
                 invention can be derived from a reading of exemplary claims 1,                                                                         
                 13 and 19 (the independent claims on appeal), which appear in                                                                          
                 the appendix to the appellant's brief.                                                                                                 


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Herron et al. (Herron)                                4,938,522                                    July 3,                             
                 1990                                                                                                                                   
                 Robert     2                                          2,543,891                                    Oct. 12,                            
                 1984                                                                                                                                   
                                                                       (France)                                                                         



                          Claims 1 to 3, 6 to 9, 11 to 13, 15, 18 to 20 and 24                                                                          
                 stand rejected under 35 U.S.C. § 103 as being unpatentable                                                                             
                 over Herron in view of Robert.3                                                                                                        

                          2In determining the teachings of Robert, we will rely on                                                                      
                 the translation provided by the appellant attached to the                                                                              
                 amendment filed on August 22, 1995 (Paper No. 5).                                                                                      
                          3The examiner mistakenly included canceled claims 17 and                                                                      
                 23 in the statement of the rejection (answer, p. 4).                                                                                   







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