Ex parte ANITOLE - Page 2




          Appeal No. 1999-1039                                                        
          Application No. 08/876,762                                                  

               The appellant's invention is directed to a camouflage                  
          structure.  The claims before us on appeal have been                        
          reproduced in an appendix to the Brief.                                     
                                   THE REFERENCES                                     
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Volk                     2,255,837                Sep. 16, 1941             
          Nilsson (PCT)       91/19872            Dec. 26, 1991                       
                                   THE REJECTIONS                                     
               The following rejections stand under 35 U.S.C. § 103:                  
          (1) Claims 1, 2, 4, 11 and 12 on the basis of Nilsson.                      
          (2) Claims 3 and 13 on the basis of Nilsson and Volk.                       
               Rather than attempt to reiterate the examiner’s full                   
          commentary with regard to the above-noted rejections and the                
          conflicting viewpoints advanced by the examiner and the                     
          appellant regarding the rejections, we make reference to the                
          Examiner’s Answer (Paper No. 14) and the Appellant’s Brief                  
          (Paper No. 13).                                                             
                                       OPINION                                        
               The test for obviousness is what the combined teachings                
          of the prior art would have suggested to one of ordinary skill              

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