Ex parte BALODIS - Page 2




          Appeal No. 1997-3706                                                        
          Application 08/406,108                                                      



          withdrawn from consideration under 37 CFR § 1.142(b) as being               
          directed to a nonelected invention.                                         


               The claims on appeal are drawn to a method of using a                  
          universal umbrella carrying device, and are reproduced in the               
          appendix of appellant's brief.                                              
               The references applied in the final rejection are:                     
          Vogel                    2,493,705                Jan.  3, 1950             
          Girton                   2,812,123                Nov.  5, 1957             
          Torres                   3,279,663                Oct. 18, 1966             
          Saari et al. (Saari)     3,334,794                Aug.  8, 1967             
          Foo                      4,085,872                Apr. 25, 1978             
          Taylor                   5,025,819                June 25, 1991             
               Claims 2 to 5 stand finally rejected under 35 U.S.C. §                 
          103 on the following grounds:                                               
               (1) Unpatentable over Taylor in view of Foo and Torres;                
               (2) Unpatentable over Saari;                                           
               (3) Unpatentable over Saari in view of Girton, Torres and              
          Vogel.                                                                      
               Since appellant states on page 4 of the brief that claims              
          1 to 5 are in a single group, we select claim 1 and will                    
          decide the appeal based thereon.  37 CFR § 1.192(c)(7).                     
          Rejection (1)                                                               
                                          2                                           





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