Appeal No. 1998-0235 Page 2
Application No. 08/709,764
BACKGROUND
The appellant's invention relates to a toy projectile and
platform assembly. A copy of claim 1 under appeal is set
forth in the opinion section below. A copy of claims 4, 5 and
8 under appeal is set forth 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:
Uhrig 773,692 Nov. 1,
1904
Flora 847,755 Mar. 19,
1907
Fortunato 3,286,392 Nov.
22, 1966
Johnson 4,512,690 Apr. 23,
1985
Claims 1, 4, 5 and 8 stand rejected under 35 U.S.C. § 103
as being unpatentable over Uhrig in view of Fortunato, Johnson
and Flora.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellant regarding the above-noted
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