Ex Parte Loria - Page 2




              Appeal No. 2004-2114                                                                  Page 2                
              Application No. 09/808,122                                                                                  


                     The appellant's invention relates to a cranial nerve clock and watch                                 
              (specification, p. 2).  A copy of the claims under appeal is set forth in the appendix to                   
              the appellant's brief.                                                                                      
                                                      The prior art                                                       
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Crow et al. (Crow)                         D365,287                     Dec. 19, 1995                       
              Fontaine                                   D378,741                     Apr.    8, 1997                     
                                                     The rejections                                                       

                     Claims 1 to 7 stand rejected under 35 U.S.C. § 103 as being unpatentable over                        
              Fontaine or Crow.                                                                                           


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the answer                         
              (Paper No. 10, mailed 10/2/03) for the examiner's complete reasoning in support of the                      
              rejections, and to the brief (Paper No. 9, filed 7/1/03) for the appellant's arguments                      
              thereagainst.                                                                                               













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