Ex Parte BATRA - Page 3




              Appeal No. 2001-2251                                                                  Page 3                
              Application No. 09/345,857                                                                                  


                     Claims 1-18 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                       
              Schulz in view of either Hay or Walker.                                                                     
                     Claims 1-18 also stand rejected under 35 U.S.C. § 103(a) as being unpatentable                       
              over Sporing in view of either Hay or Walker.                                                               
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the Answer                         
              (Paper No. 15) for the examiner's complete reasoning in support of the rejections, and                      
              to the Brief (Paper No. 13) for the appellant's arguments thereagainst.                                     
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellant's specification and claims, to the applied prior art references, and to the                   
              respective positions articulated by the appellant and the examiner.  As a consequence                       
              of our review, we make the determinations which follow.                                                     





                                           The Rejection Under Section 101                                                
                     The examiner has rejected claims 1-18 for several reasons focusing on the                            
              “decorative printed matter” recited therein, which in the examiner’s view cause them not                    
              to conform to 35 U.S.C. § 101.  However, as is pointed out by the appellant on page 3                       








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