Appeal No. 1998-2490
Application 08/434,263
a top plate attached to said support member,
a base member attached to said support member,
whereby said top plate and said base member are capable
of removably engaging said computer mouse pad.
The Examiner relies on the following references:
McCormick D206,783 Jan. 31, 1967
Yiin 5,022,124 Jun. 11, 1991
Claim 22 stands rejected under 35 U.S.C. § 102 over
McCormick. Claims 23 to 25 and 27 to 28 stand rejected under
35 U.S.C. § 103 over McCormick in view of Yiin.
Rather than repeat the positions and the arguments of
Appellants and the Examiner, we make reference to the brief
and the answer for their respective positions.
OPINION
We have considered the rejections advanced by the
Examiner. We have, likewise, reviewed Appellants’ arguments
against the rejections as set forth in the brief.
It is our view, after consideration of the record before
us, that the rejections under 35 U.S.C. § 102 and under 35
U.S.C. § 103 are not proper. Accordingly, we reverse.
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