Ex parte BACH et al. - Page 2




                 Appeal No. 1999-2765                                                                                     Page 2                        
                 Application No. 08/752,396                                                                                                             




                          We AFFIRM.                                                                                                                    
                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a toy building.  A                                                                       
                 copy of the claims under appeal is set forth in the appendix                                                                           
                 to the appellants' brief.                                                                                                              


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Hunts                                        5,647,181                                             July 15,                            
                 1997                                                                                                                                   
                                                                                         (filed Oct. 11, 1994)                                          
                 Heilig     2                                 AT 133,178                                   Dec. 15, 1932                                


                          Claims 1 to 3, 8 and 9 stand rejected under 35 U.S.C. §                                                                       
                 103 as being unpatentable over Hunts in view of Heilig.                                                                                


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           


                          2In determining the teachings of Heilig, we will rely on                                                                      
                 the translation provided by the USPTO.  A copy of the                                                                                  
                 translation is attached for the appellants' convenience.                                                                               







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