Ex Parte KRULL et al - Page 2




              Appeal No. 2002-0267                                                                  Page 2                
              Application No. 09/440,496                                                                                  


                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a coin display.  An understanding of the                        
              invention can be derived from a reading of exemplary claim 64, which has been                               
              reproduced below.                                                                                           
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Ball                                2,860,774                           Nov. 18, 1958                       
              Di Egidio                           4,552,357                           Nov. 12, 1985                       
              “States Of The Union Penny Treasury,” circa 19762 (Penny Map)                                               
                     Claims 64-89 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                           
              over Penny Map in view of Di Egidio and Ball.                                                               
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejection, we make reference to the Answer                          
              (Paper No. 19) for the examiner's complete reasoning in support of the rejections, and                      
              to the Brief (Paper No. 18) and Reply Brief (Paper No. 20) for the appellants’ arguments                    
              thereagainst.                                                                                               





                     2This reference was submitted by the appellants by way of a supplementary information                
              disclosure statement (Paper No. 8).  According to the appellants, it was provided by patent counsel to a    
              third party, who provided a synopsis of its contents and stated that it was first sold in the United States in
              1976.  The appellants have stated in Paper No. 8 that they were willing “to accept it as accurate.”         






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