Appeal No. 2000-1794
Application 08/901,171
provide the Hersheys.com tape with these features is completely
devoid of factual support. Hence, the examiner’s ultimate
conclusion that the differences between the subject matter
recited in claims 1 and 11 and the applied prior art are such
that the subject matter as a whole would have been obvious at
the time the invention was made to a person having ordinary
skill in the art must fall.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claims 1 and 11, or of claims 2 through 9
which depend from claim 1, as being unpatentable over
Hersheys.com.
IV. The 35 U.S.C. § 103(a) rejection of claims 10 and 13 as
being unpatentable over Hersheys.com in view of Lenkoff
Claims 10 and 13 depend, either directly or indirectly,
from independent claims 1 and 11, respectively. Suffice to say
that Lenkoff’s disclosure of games having marking sheets
printed with
invisible ink and marking pens designed to make such printing
visible does not cure the above noted deficiencies of
Hersheys.com with respect to the subject matter recited in
parent claims 1 and 11.
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