Appeal No. 1998-1946
Application No. 08/629,991
obviously refers to the formation of the bent tips 26-29 after
the toy is cut from the plastic sheet.
Furthermore, claim 13 does not distinguish from Block by
reciting that the cutting step maintains the flying toy “in a
single plane.” In the first place, this limitation does not
require the toy to lie in a single plane after manufacture of
the toy is completed. As noted supra, claim 13 does not
exclude additional manufacturing steps that may place
portions, such as tips 26-29 or center post 30 in Block’s
illustrated embodiment, out of the plane of the body of the
toy.
In any case, as noted on page 3 of the answer, the
examiner does not rely on Block’s illustrated embodiment in
which the tips of the arms are bent out of the plane of the
toy’s body. Instead, the examiner expressly relies on the
embodiment in which the tips 26-29 of the arms 21-24 are not
turned and thus extend as “straight continuations of the arms”
as described in column 3, lines 16-21, of Block’s
specification. As a result, the toy resulting from the
cutting step will be maintained in a single plane as recited
in claim 13.
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