Ex Parte Voit - Page 2




              Appeal No. 2004-0269                                                                 Page 2                
              Application No. 09/589,866                                                                                 


                                                    BACKGROUND                                                           
                     The appellant’s invention relates to a collection of portable key ring tags each                    
              bearing a vocabulary word on one side thereof and the definition of the vocabulary word                    
              on the other side thereof for use in combination with a key ring having at least one key                   
              retained thereon.  A copy of the claims under appeal is set forth in the appendix to the                   
              appellant’s brief.                                                                                         
                     The examiner relied upon the following prior art references in rejecting the                        
              appealed claims:                                                                                           
              Peckham                            335,837                      Feb. 9, 1886                               
              Luciano                            6,101,367                    Aug. 8, 2000                               
                     The following is the sole rejection before us for review.                                           
                     Claims 1, 4, 5 and 7-17 stand rejected under 35 U.S.C. § 103 as being                               
              unpatentable over Peckham in view of Luciano.                                                              
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                       
              the appellant regarding the above-noted rejection, we make reference to the final                          
              rejection and answer (Paper Nos. 5 and 8) for the examiner's complete reasoning in                         
              support of the rejection and to the brief and reply brief (Paper Nos. 7 and 9) for the                     
              appellant’s arguments thereagainst.                                                                        












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