Appeal No. 2002-2275 Page 2
Application No. 09/652,357
BACKGROUND
The appellant's invention relates to a device for capturing and restraining a pest
such as an insect and to a method for capturing an insect with the device. An
understanding of the invention can be derived from a reading of exemplary claim 1,
which has been reproduced below.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Hughes 2,962,836 Dec. 6, 1960
Shuster et al. (Shuster) 4,052,811 Oct. 11, 1977
Claims 1-19 and 22 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Shuster in view of Hughes.
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. 13) and the final rejection (Paper No. 7) for the examiner's complete
reasoning in support of the rejection, and to the Brief (Paper No. 11) and Reply Brief
(Paper No. 14) for the appellant's arguments thereagainst.
OPINION
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