Ex Parte TEPMAN - Page 8




          Appeal No. 2002-0936                                                          
          Application 09/946,920                                                        


          standing 35 U.S.C. § 103(a) rejection of independent claims 22                
          and 25, and dependent claims 4, 13 through 15, 17, 23 and 24, as              
          being unpatentable over Araki.                                                
          IV. The 35 U.S.C. § 102(b) rejection of claims 1, 2, 4 through 6,             
          10 and 25 as being anticipated by Nelson                                      
               Nelson discloses a cake knife/server.  Figure 1 of the                   
          reference shows a human hand manipulating this device to cut and              
          serve a piece of cake.  In short, the examiner’s determination                
          that this drawing illustrates “a human wristed robot” (answer,                
          page 4) meeting all of the robot apparatus limitations in                     
          independent claims 1 and 25 is completely without merit.                      
               Accordingly, we shall not sustain the standing 35 U.S.C.                 
          § 102(b) rejection of independent claims 1 and 25, and dependent              
          claims 2, 4 through 6 and 10, as being anticipated by Nelson.                 
                                       SUMMARY                                          
               The decision of the examiner to reject claims 1, 2 and 4                 
          through 25 is reversed.                                                       











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