Ex parte BRITT - Page 2




          Appeal No. 1999-0635                                            2           
          Application No. 08/688,825                                                  


               We REVERSE.                                                            
                                     BACKGROUND                                       
               The appellant's invention relates to an extensible door                
          barrier in combination with a door.  An understanding of the                
          invention can be derived from a reading of exemplary claim 5,               
          which appears in the opinion section of this decision.                      


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Pyle                               671,414        Apr. 2, 1901              
          Warfel                        1,204,833           Nov. 14, 1916             
          Hutchinson, Jr. (Hutchinson)       1,716,060           Jun. 4,              
          1929                                                                        
          Christison                    2,455,112           Nov. 30, 1948             

               The following rejections are before us for review.                     
          1.   Claims 5, 7-15 and 17-20 stand rejected under 35 U.S.C.                
          § 103 as being unpatentable over Christison in view of                      
          Hutchinson.                                                                 



               (...continued)2                                                                     
          the amendment was entered, pursuant to the appellant's request to do so on  
          page 2 of the "Request for File Wrapper Continuing Application under 37 CFR §
          1.62" filed July 31, 1996.  In any event, based on the examiner's answer (page
          3) and the appendix to the reply brief filed April 17, 1998 (Paper No. 30), 
          there is no dispute as to the claims involved in this appeal.               







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