Appeal No. 1999-0652 Page 2
Application No. 08/699,262
BACKGROUND
The appellant's invention relates to a lock pick
assembly. An understanding of the invention can be derived
from a reading of exemplary claim 1, which appears in the
appendix to the appellant's brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Di Stefano 1,701,771 Feb. 12, 1929
Bross 3,174,462 Mar. 23, 1965
The following rejections are before us for review.
Claims 1 through 3 stand rejected under 35 U.S.C. § 103
as being unpatentable over Di Stefano in view of Bross.
Reference is made to the brief (Paper No. 9) and reply
brief (Paper No. 11) and the final rejection (Paper No. 5) and
answer (Paper No. 10) for the respective positions of the
appellant and the examiner with regard to the merits of these
rejections.
The appellant alleges on pages 1 and 2 of the reply brief
that the examiner has, by citing new prior art references for
the first time in the answer, impermissibly set forth a new
ground of rejection and requests (reply brief, page 3) that
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007