Appeal No. 2000-0588 Page 2
Application No. 08/824,110
BACKGROUND
The appellants’ invention relates to electronic toy telephones and pagers that
realistically simulate receiving messages. A copy of the claims under appeal is set forth
in the appendix to the appellants’ brief.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Nakajima 4,104,821 Aug. 8, 1978
Sirota 4,777,938 Oct. 18, 1988
Rose 4,857,030 Aug. 15, 1989
Wingate 5,609,508 Mar. 11, 1997
(Filed Oct. 23, 1995)
Hughes et al. (Hughes) 5,646,593 Jul. 8, 1997
(Filed Apr. 26, 1995)
The following rejections are before us for review.
Claims 19-22 stand rejected under 35 U.S.C. § 112, second paragraph, as being
indefinite for failing to particularly point out and distinctly claim the subject matter which
appellants regard as the invention.
Claims 19-22 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Sirota.
Claims 1 and 2 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Sirota in view of Hughes.1
1 Although the examiner did not expressly restate this rejection in the answer, it is apparent from
the examiner’s comments on page 5 of the answer that the examiner has not withdrawn this rejection and
that its omission was mere inadvertence.
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