Ex parte LEWIS - Page 2




          Appeal No. 2000-1993                                       Page 2           
          Application No. 09/157,130                                                  


               The appellant's invention relates to a reflective marker               
          (claims 1 and 4 to 6) and a reflective marker kit(claims 9 and              
          12 to 14).  A copy of the claims under appeal is set forth in               
          the appendix to the appellant's brief.                                      


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Brudy                    3,834,789                     Sept. 10,            
          1974                                                                        
          Bright Eyes All "Way" Shine Tacks (Bright Eyes)                             



               Claims 1, 4 to 6, 9 and 12 to 14 stand rejected under                  
          35 U.S.C. § 103 as being unpatentable over Bright Eyes in view              
          of Brudy.                                                                   


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the answer (Paper No. 8,                    
          mailed April 25, 2000) for the examiner's complete reasoning                
          in support of the rejection, and to the brief (Paper No. 7,                 









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