Appeal No. 2001-2625 Page 3
Application No. 09/458,052
BACKGROUND
The appellants' invention relates to dust/air pick-up
systems for squeeze-type dust dispensers (specification, p.
1). A copy of the claims under appeal is set forth in the
appendix to the appellants' brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Chester 3,241,726 Mar. 22,
1966
Shay 4,007,858 Feb.
15, 1977
McRoskey et al. 4,356,941 Nov. 2,
1982
The following rejections set forth in the final rejection
are before us for review:
(1) Claims 1 to 20 stand rejected under 35 U.S.C. § 251 as
being based upon a defective reissue declaration;
(2) Claims 5 to 10 and 13 to 18 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Shay and Chester; and
(3) Claims 5 to 20 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Shay and Chester as applied in the
above rejection, and further in view of McRoskey.3
3In the answer (p. 5), it appears to us that the examiner
combined the two rejections under 35 U.S.C. § 103 together in
(continued...)
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