Ex parte VALARIK - Page 2




                 Appeal No. 1999-2727                                                                                                                   
                 Application No. 08/809,315                                                                                                             


                 limestone, glass, rubber, textiles and plastics (claim 1) and                                                                          
                 methods of applying the adhesive layer of claim 1 to a hockey                                                                          
                 stick blade (claims 3-5).  A copy of the claims 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 the following                                                                            
                 Canadian patents:                                                                                                                      
                 Saytar                                       909814                                       Sep. 12, 1972                                
                 Spratt                                       984420                                       Feb. 24, 1976                                
                          Claims 1, 3 and 4 stand rejected under 35 U.S.C. § 103(a)                                                                     
                 as being unpatentable over Spratt.                                                                                                     
                          Claim 5 stands rejected under 35 U.S.C. § 103(a) as being                                                                     
                 unpatentable over Spratt in view of Saytar.                                                                                            
                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellant regarding the above-noted                                                                            
                 rejections, we make reference to the examiner's answer (Paper                                                                          
                 No. 14) and two prior Office actions (Paper Nos. 7 and 12)1                                                                            
                 for the examiner's complete reasoning in support of the                                                                                


                          1We remind the examiner that the Manual of Patent                                                                             
                 Examining Procedure (MPEP) § 1208 expressly provides that                                                                              
                 incorporation by reference in an answer may be made only to a                                                                          
                 single other action.                                                                                                                   
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