Appeal No. 2001-0595
Application No. 09/079,293
Given the foregoing, we will not sustain the examiner's
rejection of appellant's claim 6 under 35 U.S.C. § 112, second
paragraph.
We next look to the examiner's prior art rejections of
the appealed claims under 35 U.S.C. § 103. In regard to the
examiner's rejection of claims 1 through 3, 5 and 6 based on
Callahan and Stevens, appellant indicates on page 4 of the
brief that as to claim 1 on appeal Callahan discloses all
recitations with the exception of a relevant preamble relating
to providing tangible evidence of intercessory prayers offered
on behalf of a recipient and the subject matter of paragraph 4
of the claim relating to the placard. We concur in
appellant's evaluation of Callahan. However, we find that we
are in agreement with the examiner's position that it would
have been obvious to one of ordinary skill in the art in view
of the teachings in Stevens to provide the soft sculpture of
Callahan with a "placard," e.g., like that seen at (36) of
Stevens, where certain pre-printed information relating to the
soft sculpture is provided.
6
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