Appeal No. 1998-1029
Application 08/361,590
filed subsequent to the final rejection. Claims 1-3, 5, 6 2
and 8-10, the only other claims remaining in the application,
have been allowed.
Appellants’ invention pertains to a toy head comprising a
face having an elastically deformable mouth. By deforming the
mouth, facial features, such as the eyes and eyebrows, are
altered for the amusement of a child. Independent claims 17
and 22, copies of which can be found in an appendix to
appellants’ brief, are illustrative of the appealed subject
matter.
The references of record relied upon by the examiner in
support of rejections under 35 U.S.C. § 103 are:
Sauer 942,465 Dec. 7,
1909
Exline 2,184,639 Dec. 26,
1939
Bunin 3,070,920 Jan. 1,
1963
Owens Des. 335,937 May 25,
1993
The following rejections under 35 U.S.C. § 103 are before
us for review:
2 The amendments are amendment “C” (Paper No. 9, filed
November 12, 1996) and amendment “D” (Paper No. 13, filed
December 20, 1996).
2
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