Ex parte FRANKOSKI et al. - Page 2




          Appeal No. 1998-2173                                                        
          Application No. 08/829,620                                                  


          view, top view, right side view, left side view, front end                  
          view,                                                                       




          back end view and bottom view in Figures 1 through 7 respec-                
          tively, with Figure 1 being the most representative when                    
          evaluating the examiner’s rejection.1                                       
               The references applied by the examiner are:                            
          Bird                          1,153,418                     Sep.            
          14, 1915                                                                    
          Olsen                    2,009,812                     Jul. 30,             
          1935                                                                        

               The design claim stands rejected under 35 U.S.C. § 103 as              
          being unpatentable over Bird in view of Olsen.                              
               The full text of the examiner's rejection and the                      
          responses to the arguments presented by appellants appear in                
          the final rejection (Paper No. 16, mailed July 30, 1997) and                
          the answer (Paper No. 19, mailed March 19, 1998), while the                 


               Figures 2 through 8, as originally filed on September 22, 1994, have1                                                                     
          been renumbered as Figures 1 through 7, respectively, and the figure        
          originally numbered Figure 1 has been canceled (see Paper No. 6).  All      
          references in this decision to appellants’ drawings refer to the drawings as
          amended by Paper No. 6.                                                     
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