Appeal No. 2004-0364 Page 2
Application No. 09/943,293
BACKGROUND
The appellant's invention relates to a nozzle which is slidably connected to the
base of a nailer so that the nozzle can be conveniently replaced according to needs
(specification, p. 1). A copy of the claims under appeal is set forth in the appendix to
the appellant's brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Perkins 3,853,257 Dec. 10, 1974
Chen 5,642,849 July 1, 1997
Claims 1 and 4 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Chen in view of Perkins.
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 (Paper No. 4, mailed January 10, 2003) and the answer (Paper No. 7, mailed
August 1, 2003) for the examiner's complete reasoning in support of the rejection, and
to the brief (Paper No. 6, filed June 10, 2003) for the appellant's arguments
thereagainst.
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