Appeal No. 1999-1972 Page 3
Application No. 08/807,780
BACKGROUND
The appellants' invention relates to a novelty candy
holding device. A copy of claims 5, 10 and 11 appears in the
appendix to the appellants' brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Tanaka 4,114,501 Sep. 19,
1978
Dickhut 5,395,278 March 7,
1995
Claim 11 stands rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly
point out and distinctly claim the subject matter which the
appellants regard as the invention.
Claim 11 stands rejected under 35 U.S.C. § 102(b) as
being anticipated by Dickhut.
Claims 5 and 10 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Dickhut in view of Tanaka.
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