Appeal No. 2000-0873
Application No. 08/975,983
Claims 91, 94, 97 and 100, on the other hand, do not
include any recitation about specifying amounts of paint
needed to paint the mural, and thus the rejection of these
claims requires further analysis.5 With respect to these
claims, appellant’s argument in favor of patentability is
found on page 16 of the brief, and is set forth as follows in
its entirety:
The Ralph Lauren Reference does not refer to murals.
There is no indication of painting a wall with a
plurality of colors. Ralph Lauren deals with
textures to apply to a wall not mural images.
Thus, none of the combination of Mayer, Milne,
Depauw, and Ralph Lauren discloses instructions for
painting a mural or discloses a completed picture of
the mural, required by claims 65, 66-68, and 74-76.
Clearly, the combination of Mayer, Milne, Depauw
and Ralph Lauren does not satisfy the limitations of
claims 65, 66-68, and 74-76.
These arguments are not well taken.
Representative claim 94 is directed to a kit comprising
(1) instructions in a first tangible medium on how to paint a
mural on a wall, (2) a picture of a completed version of the
5 As with claims 66, 67, 75 and 76, the arguments on pages 18-23 of
appellant’s brief do not apply to claims 91, 94, 97 and 100.
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