Ex parte IRWIN III - Page 2




              Appeal No. 2001-1792                                                                 Page 2                 
              Application No. 09/291,716                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to an archery training device.  An understanding of                
              the invention can be derived from a reading of exemplary claim 1, which appears 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:                                                                                        
              Maxwell                                    1,564,089                    Dec.  1, 1925                       
              Kieselhorst                                2,526,369                    Oct. 17, 1950                       
                     Claims 1-8 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                           
              Maxwell.                                                                                                    
                     Claims 9 and 10 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                        
              over Maxwell.                                                                                               
                     Claims 11-19 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                      
              Kieselhorst.                                                                                                
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                    
              appellant regarding the above-noted rejections, we make reference to the Answer (Paper                      
              No. 12) for the examiner's complete reasoning in support of the rejections, and to the Brief                
              (Paper No. 11) and Reply Brief (Paper No. 13) for the appellant's arguments thereagainst.                   












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