Appeal No. 99-0073 Page 4
Application No. 08/562,166
The following rejection is before us for review.
Claims 18 through 20 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Alston.
The complete text of the examiner's rejections and
response to the argument presented by the appellants appears
in the final rejection (Paper No. 6, mailed August 12, 1996)
and in the answer (Paper No. 9, mailed December 11, 1996),
while the complete statement of the appellants' argument can
be found in the brief (Paper No. 8, filed November 13, 1996).
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claims, to the applied prior art reference, and to the
respective positions articulated by the appellants and the
examiner. As a consequence of our review, we make the
determinations which follow.
Alston, the reference relied upon by the examiner,
discloses swim weights comprising a sleeve (1 or 6) made of
pliable water adaptable material such as a closed cell
neoprene rubber incorporating a stretchy nylon fabric (column
3, lines 8 through 10 and 47 through 49) with one or more
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