Ex Parte Kelly - Page 2




                Appeal No. 2005-1416                                                                                Page 2                     
                Application No. 09/771,782                                                                                                     


                                                             BACKGROUND                                                                        
                          Appellant's invention relates to methods of making necklaces. (Specification, p.                                     
                  1).  Representative claim 37 appears below:                                                                                  

                          37.  A method of making necklaces, comprising the steps of:                                                          
                          providing a mold of sports projectile shaped beads for a necklace;                                                   
                          placing a string or other line or cord in the mold;                                                                  
                          supplying plastic to the mold;                                                                                       
                          removing from the mold a necklace formed of sports projectile shaped                                                 
                          beads direct-molded onto the string or other line or cord.                                                           

                          In addition to the prior art discussed in the specification, the Examiner relies on                                  
                  the following reference in rejecting the appealed claims are:                                                                
                  Bateholts                             1,958,841                         May 15, 1934                                         

                          Claims 37-43 and 47-49 stand rejected under 35 U.S.C. § 103(a) as                                                    
                  unpatentable over Bateholts in view of the admitted prior art mentioned on page 1 of                                         
                  the present patent application.   (Answer, pp. 5-15).  We affirm the rejection.                                              
                          Rather than reiterate the conflicting viewpoints advanced by the Examiner and                                        
                  the Appellant regarding the above-noted rejection, we make reference to the Answer                                           
                  (mailed June 28, 2004) and the non-final office action mailed March 31, 2003 for the                                         
                  Examiner's reasoning in support of the rejection, and to the Brief (filed April 15, 2004)                                    
                  for the Appellant’s arguments there against.                                                                                 










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