Appeal No. 2001-0212 Page 2
Application No. 08/958,497
BACKGROUND
The appellants' invention relates to a fluid filled
amusement device. A substantially correct copy of the claims
under appeal is set forth in the appendix to the appellants'
brief. 1
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Bender 4,162,855 July 31,
1979
Murray, Jr. 5,313,727 May 24,
1994
(Murray)
Claims 8 to 13 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Murray in view of Bender.2
1Minor errors in claims 9 and 12 were noted by the
examiner on page 3 of the answer.
2In the response to argument section of the answer (pp.
6-7), the examiner refers to U.S. Patent No. 4,852,283 to
Teng. In rendering our decision in the rejection before us in
this appeal we have not considered this patent since the
examiner has stated that this patent does not form part of the
rejection (see Paper No. 19, mailed June 27, 2000). See also
In re Hoch, 428 F.2d 1341, 1342, 166 USPQ 406, 407 (CCPA
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