Ex Parte Moreau - Page 4




              Appeal No. 2005-0211                                                                     4               
              Application No. 10/264,717                                                                               


                                                      Rejection (1)                                                    
                     Appellant does not take issue with the propriety of the 35 U.S.C. § 112 rejection on              
              the merits.  Rather, appellant relies upon an amendment filed with her brief to overcome                 
              the rejection.  However, the examiner’s answer indicates that the amendment has not                      
              been entered.                                                                                            
                     Therefore, since appellant does not contest the 35 U.S.C. § 112 rejection on the                  
              merits, and since appellant’s amendment has not been entered, the rejection is summarily                 
              affirmed.                                                                                                
                                                      Rejection (2)                                                    
                     This rejection is affirmed.                                                                       
                     Initially, we note that appellant stipulates in her brief that the claims subject to the          
              rejection at issue stand or fall together for purposes of this appeal.2  Accordingly, we shall           
              limit our consideration to claim 1 in reviewing this rejection.                                          
                     Sisler discloses a teaching aid in the form of a doll.  See Sisler: column 3, lines               
              43-51.  The body of the doll includes a head and torso, as well as arms and legs.                        
              Accessories, i.e. indicia, such as facial and body features, clothing and other items may be             
              removably attached to the body using a “Velcro” type fastening system.                                   




                     2 Indeed, appellant makes the same stipulation with regard to each of the rejections (and         
              associated claims) before us under 35 U.S.C. § 102 and 35 U.S.C. § 103.                                  







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