Ex Parte Tsengas - Page 2




             Appeal No. 2004-1836                                                          Page 2              
             Application No. 09/590,815                                                                        


                                               BACKGROUND                                                      
                   The appellant's invention relates to a food and treat dispenser (specification, p.          
             2).  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:                                                                              
             Saad                            2,868,254                        Jan. 13, 1959                    
             Burshtain et al.                4,871,093                        Oct. 3, 1989                     
             (Burshtain)                                                                                       
             McMahon                         5,623,980                        Apr. 29, 1997                    
             Rodriguez                       5,772,090                        June 30, 1998                    


                   Claims 1 to 5, 8, 9, 12, 15, 16, 18, 24, 25, 33 and 34 stand rejected under                 
             35 U.S.C. § 103 as being unpatentable over Saad in view of Burshtain.                             


                   Claims 6, 13 and 19 stand rejected under 35 U.S.C. § 103 as being unpatentable              
             over Saad in view of Burshtain and McMahon.                                                       


                   Claims 7, 14 and 20 stand rejected under 35 U.S.C. § 103 as being unpatentable              
             over Saad in view of Burshtain and Rodriguez.                                                     









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