Ex parte WISE - Page 2




          Appeal No. 2000-1457                                       Page 2           
          Application No. 08/739,888                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a shower curtain                  
          rod.  A copy of the claims under appeal is set forth 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:                              
          Goché                    2,778,030                     Jan. 22,             
          1957                                                                        
          Glutting, Sr.            3,107,361                     Oct. 22,             
          1963                                                                        
          Perrotta                 5,103,531                     Apr. 14,             
          1992                                                                        



               Claims 1 to 9 stand rejected under 35 U.S.C. § 103 as                  
          being unpatentable over Perrotta in view of Goché and                       
          Glutting, Sr.                                                               


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the answer (Paper No. 18,                   
          mailed July 14, 1999) for the examiner's complete reasoning in              
          support of the rejection, and to the brief (Paper No. 17,                   







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