Appeal No. 1998-2028 Page 2
Application No. 08/365584
BACKGROUND
The appellants’ invention relates to a figurine having illuminatable and
nonilluminatable fibers. An understanding of the invention can be derived from a reading
of exemplary claim 1, which 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:
Katzman et al. (Katzman) 4,626,225 Dec. 2, 1986
Cocca 4,998,186 Mar. 5, 1991
Osborne et al. (Osborne) 5,277,644 Jan. 11, 1994
Konta et al. (Konta) 5,288,259 Feb. 22, 1994
The following rejections stand under 35 U.S.C. § 103:1
(1) Claims 1, 4, 6-8, 10 and 12 on the basis of Konta and Cocca.
(2) Claims 5 and 11 on the basis of Konta, Cocca and Katzman.
(3) Claim 9 on the basis of Konta, Cocca and Osborne.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellants regarding the above-noted rejections, we make reference to the Answer (Paper
No. 16) for the examiner's complete reasoning in support of the rejections, and to the Brief
(Paper No. 19) for the appellants’ arguments thereagainst.
1A rejection of claims 1 and 4-12 under 35 U.S.C. § 112, second paragraph, as
being indefinite, was overcome by an amendment filed after the final rejection (see Papers
no. 8 and 10).
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