Appeal No. 1997-2107
Application No. 08/309,577
inserting said filler material into said hole through
said aperture of said putty application tool;
removing excess filler material disposed on said putty
application tool; and
removing said putty application tool from said surface
before said filler material dries.
The reference set forth below is relied upon by the
examiner as evidence of obviousness:
Hardman 4,351,508 Sep. 28,
1982
Claims 1 and 9 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Hardman.
We refer to the Brief and to the Answer for a complete
exposition of the respective viewpoints expressed by the
appellant and the examiner concerning the above noted
rejection.
OPINION
The rejection before us cannot be sustained. As
correctly indicated by the appellant, Hardman contains no
teaching or suggestion of the independent claim step of
3
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