Appeal No. 1999-1568 Page 2
Application No. 29/063,397
BACKGROUND
The appellants' invention relates to a design for a play
tunnel. The claim on appeal is:
The ornamental design for a PLAY TUNNEL as shown and
described.
The prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Morris et al. (Morris) 5,496,232 March 5,
1996
The design claim stands rejected under 35 U.S.C. § 103 as
being unpatentable over Morris.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellants regarding the above-noted
rejection, we make reference to the examiner's answer (Paper
No. 8, mailed July 21, 1998) for the examiner's complete
reasoning in support of the rejection, and to the appellants'
brief (Paper No. 7, filed April 17, 1998) for the appellants'
arguments thereagainst.
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