Ex parte PERRY - Page 3




                 Appeal No. 1998-1962                                                                                     Page 3                        
                 Application No. 08/213,933                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a security anchor.                                                                       
                 An understanding of the invention can be derived from a                                                                                
                 reading of exemplary claims 1, 7 and 13, which appear in the                                                                           
                 appendix to the appellant's brief.                                                                                                     


                          The prior art reference of record relied upon by the                                                                          
                 examiner in rejecting the appealed claims is:                                                                                          
                 Perry                                        4,979,382                                             Dec. 25,                            
                 1990                                                                                                                                   



                          Claims 1 through 10 and 12 through 22 stand rejected                                                                          
                 under 35 U.S.C. § 103 as being unpatentable over Perry.2                                                                               


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellant regarding the above-noted                                                                            

                          2We note that the examiner set forth two rejections on                                                                        
                 pages 3-4 of the examiner's answer (Paper No. 15, mailed                                                                               
                 September 19, 1997).  However, in the examiner's response to                                                                           
                 argument section of the answer (pp. 4-5) the examiner states                                                                           
                 that the first rejection "is moot" and that Perry is "being                                                                            
                 used singularly."  Accordingly, we will treat the rejection of                                                                         
                 the claims under appeal as being based on 35 U.S.C. § 103 as                                                                           
                 being unpatentable over Perry alone.                                                                                                   







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