Ex Parte ALLEN et al - Page 2




              Appeal No. 2004-0785                                                                  Page 2                
              Application No. 09/252,635                                                                                  


                                                    BACKGROUND                                                            
                     The appellants' invention relates to modular systems and methods for                                 
              assembling multiunit buildings, and particularly to systems and methods wherein                             
              individual units are constructed from multiple vertically stacked modules (specification,                   
              p. 1).  A copy of the claims under appeal is set forth in the appendix to the appellants'                   
              brief.                                                                                                      


                     The prior art reference of record relied upon by the examiner in rejecting the                       
              appealed claims is:                                                                                         
              Hopkins, Jr. (Hopkins)                     4,513,545                    Apr. 30, 1985                       


                     Claims 1 to 12 and 22 to 27 stand rejected under 35 U.S.C. § 102(b) as being                         
              anticipated by Hopkins.                                                                                     


                     Claims 13 to 21 stand rejected under 35 U.S.C. § 103 as being unpatentable                           
              over Hopkins.                                                                                               


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejections, we make reference to the final                         
              rejection (Paper No. 11, mailed October 18, 2001) and the answer (Paper No. 18,                             








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