Appeal No. 1998-1776
Application No. 08/515,438 Page 2
page 2). Claims 1 through 10, 12 through 15 and 18 have been
canceled.
The appellants' invention relates to a flexible boot for a
fuel dispensing nozzle having a sound or video system mounted
thereon. An understanding of the invention can be derived from a
reading of exemplary claim 11, which appears in the appendix to
the appellants' brief.
The prior art
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Kaplan et al. (Kaplan) 5,267,592 Dec. 7, 1993
Koch et al. (Koch) 5,273,087 Dec. 28, 1993
The rejections
Claims 11, 19 and 20 stand rejected under 35 U.S.C.
§ 102(e) as being anticipated by Koch.
Claims 19, 21 and 22 stand rejected under 35 U.S.C. § 102(e)
as being anticipated by Kaplan.
Claims 11, 20, 23 and 24 stand rejected under 35 U.S.C. §
103 as being unpatentable over Kaplan in view of Koch.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellants regarding the above-noted
rejections, we make reference to the examiner's answer (Paper No.
12, mailed December 22, 1997) for the examiner's complete
reasoning in support of the rejections, and to the appellants’
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