Ex Parte Price et al - Page 8




          Appeal No. 2004-1992                                                        
          Application No. 10/223,982                                                  


          sustain the standing rejection of claims 1, 3-34 and 36-39 as               
          being unpatentable over Ramirez in view of Ruff.                            
               We reach the same conclusion with regard to claims 2, 35 and           
          40, which stand rejected as being unpatentable over Ramirez in              
          view of Ruff taken further in view of Lopata.  While we                     
          appreciate that Lopata teaches the use of helical ribbon strands            
          in a decorative bow, consideration of the examiner’s basic                  
          reference combination further in view of Lopata’s teachings does            
          not cause us to alter the position we voiced above that the                 
          combination of Ramirez and Ruff fails to disclose or teach the              
          claimed subject matter found in each of the independent claims on           
          appeal, namely, a decorative bow comprising a plurality of ribbon           
          strands and at least one die cut piece comprising a spine and at            
          least one design artifact extending from the spine.  Hence, we              
          also shall not sustain the rejection of claims 2, 35 and 40 as              
          being unpatentable over Ramirez in view of Ruff and further in              
          view of Lopata.                                                             
                                       Remand                                         
               This case is remanded to the examiner for consideration of             
          the following matter.                                                       
               US Patent 6,450,933 to Gruenke, of record, discloses in                
          Figure 2 a decorative foil assembly 20b comprising a body made up           

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