Ex Parte NORMAN - Page 4




          Appeal No. 2003-1390                                                        
          Application No. 08/989,342                                                  


               2.  Claims 1, 14-17 and 22-24 stand rejected under 35 U.S.C.           
          § 102(b) as anticipated by Lopez.                                           
               We reverse.                                                            
               3.  Claims 1, 14-17 and 22-24 stand rejected under 35 U.S.C.           
          § 102(b) as anticipated by Nakanishi.                                       
               We affirm as to claims 1 and 22-24 and reverse as to claims            
          14-17.                                                                      
               4.  Claims 1-5, 9-12 and 14-24 stand rejected under 35                 
          U.S.C. § 102(b) as anticipated by Hupp.                                     
               We reverse.                                                            
               5.  Claims 18-21 stand rejected under 35 U.S.C. § 103 as               
          unpatentable over any one of Hinkes, Lopez and Nakanishi in view            
          of Budden.                                                                  
               We reverse.                                                            
               6.  Claims 6-8 and 13 stand rejected under 35 U.S.C. § 103             
          as unpatentable Hupp in view of Budden.                                     
               We reverse.                                                            
               7.  Claim 29 stands rejected under 35 U.S.C. § 103 as                  
          unpatentable over any one of Hinkes, Lopez, Hupp and Nakanishi.             
               We reverse.                                                            
                                     Background                                       
               The invention relates to a template for creating a three-              
          dimensional design other than a design which simulates brickwork            
          or stonework.  Claim 1.  The template is shaped to accommodate              
          the surface to which the design is to be applied and may be, for            
          example, flat or curved.  Appeal brief, paper no. 19, received              
          January 10, 2003, page 4.  The edges of the template may be                 
          shaped to accommodate the shape of a structure rising from the              


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