Appeal No. 2003-1390
Application No. 08/989,342
the template has one or more accommodating
apertures which are intended to accommodate an object
on or rising from the surface and around which the
design is desired to be placed.
18. The template for creating, with mud, a
three-dimensional design upon a surface as recited in
claim 1, wherein:
the template is scored to create a section that
can be pushed from the template to create an
accommodating aperture.
29. The template for creating, with mud, a
three-dimensional design upon a surface as recited in
claim 1, wherein:
the template is composed of material selected from
the group consisting of fibre board, Plexiglas, and
masonite.
The references relied upon by the examiner are:
Budden 3,929,068 Dec. 30, 1975
Lopez 4,129,669 Dec. 12, 1978
Nakanishi 5,389,176 Feb. 14, 1995
Hinkes 5,440,858 Aug. 15, 1995
Hupp 5,487,526 Jan. 30, 1996
Grounds of Rejection2
1. Claims 1, 14-17 and 22-24 stand rejected under 35 U.S.C.
§ 102(b) as anticipated by Hinkes.
We reverse.
2 The rejections of claims 5, 8, 10-13 and 29 under 35 USC § 112, second
paragraph, have been withdrawn in view of the amendment (Paper No. 20) filed
with appellant’s brief (Paper No. 19) on January 10, 2003. See examiner’s
answer, Paper No. 22, mailed January 29, 2003, page 3.
3
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