Ex parte GARDNER - Page 2




                 Appeal No. 98-3306                                                                                                                     
                 Application 08/866,014                                                                                                                 


                 Appellants’ invention relates to an athletic souvenir                                                                                  
                 display rack having athletic ball supporting structures in the                                                                         
                 form of alphabetic characters arranged to provide the                                                                                  
                 alphabetic acronym initials of a particular institution.                                                                               
                 Independent claim 1 is representative of the subject matter on                                                                         
                 appeal and a substantially correct copy of that claim may be                                                                           
                 found in the Appendix to appellants’ brief.2                                                                                           


                 The prior art references of record relied upon by the                                                                                  
                 examiner in rejecting the appealed claims are:3                                                                                        
                 Grave                   270,549                May  12, 1927                                                                           
                 (British)                                                                                                                              
                 Holland                 593,934                Oct. 29, 1947                                                                           
                 (British)                                                                                                                              

                 Claims 1, 5 and 9 stand rejected under 35 U.S.C. § 103 as                                                                              
                 being unpatentable over Grave in view of Holland.                                                                                      






                          2    As indicated by the examiner (answer, page 2), in line 14 of claim 1 as it                                               
                 appears in the Appendix the word ---the--- should be inserted before the phrase “at                                                    
                 least three tip portions.”                                                                                                             
                          3    Both of the applied references are published British provisional applications.                                           
                                                                           2                                                                            




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