Ex parte WALLACE - Page 2




          Appeal No. 2000-2015                                                        
          Application 08/843,060                                                      


          member towards a free end thereof and spaced a slight distance              
          apart from a tip of the free end.  The light source is                      
          provided within a housing (24), which housing is disposed                   
          within the rod member (i.e., forms a part of the rod member)                
          at a slight distance apart from a tip of the free end.  See                 
          Figures 1, 3, 4 and 5 of the application drawings, and the                  
          specification at pages 3, 4 and 5.  Independent claim 1 is                  
          representative of the subject matter on appeal and a copy of                
          that claim can be found in the Appendix to appellant’s brief.               


          The prior art references of record relied upon by the                       
          examiner in rejecting the appealed claims are:                              
          Ward                               5,586,403                Dec.            
          24, 1996                                                                    
          Kelly                         5,644,864                Jul.  8,             
          1997                                                                        
                                             (filed Nov. 13,                          
          1995)                                                                       
          Claims 1 through 5 stand rejected under 35 U.S.C. §                         
          103(a) as being unpatentable over Kelly in view of Ward.                    


          Rather than reiterate the examiner's full statement of                      


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