Ex Parte HURWITZ - Page 2




              Appeal No. 2001-1482                                                                                     
              Application No. 08/879,392                                                                               


              air space (19) between one or more diamonds or other jewelry stones (17 or 61) and                       
              the supporting jewelry article is achieved. As noted, for example, in the paragraph                      
              bridging pages 4 and 5 of the specification, the above noted mounting arrangement                        
              makes the stone (17) appear to be “floating” within the window defined by border (15)                    
              and produces the illusion that stone (17) is larger than its actual size. A copy of                      
              representative independent claims 18, 19 and 20 on appeal can be found in the                            
              Appendix to appellant’s supplemental brief.                                                              
                     The prior art references of record relied upon by the examiner in rejecting the                   
              appealed claims are:                                                                                     
              Hexter                            1,056,414            Mar. 18, 1913                                     
              Suderov                           1,276,132            Aug. 20, 1918                                     
              Itzkowitz                         5,649,434            Jul.   22, 1997                                   
              Boucher (British Patent           121,899              Jan.    9, 1919                                   
              Specification)                                                                                           
              Van Cleef et al. (Van Cleef)      432,074              Jul.   19, 1935                                   
              (British Patent Specification)                                                                           

                     Claims 2 through 5, 13 and 18 through 21 stand rejected under 35 U.S.C.                           
              § 102(b) as being anticipated by Hexter.                                                                 





                     Claims 2 through 4, 13 and 18 through 22 stand rejected under 35 U.S.C.                           

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