Ex Parte Beynon - Page 2



        Appeal No. 2006-0602                                  2                       
        Application No. 10/260,600                                                    

        Appellant’s invention is directed to an ice skating arena                     
        having a plurality of adjacent ice rinks (102, 104) and an area               
        (103) located between the rinks which provides maximum unencumbered           
        spectator viewing while allowing for a comfortable, climate                   
        controlled environment for the spectators.  See particularly,                 
        Figures 3 and 6 of the application drawings.  Independent claim 1             
        is representative of the subject matter on appeal and a copy of               
        that claim can be found in the Claims Appendix attached to                    
        appellant’s brief.                                                            

        The sole prior art reference of record relied upon by the                     
        examiner in rejecting the appealed claims is:                                 
        Martin    6,126,551  Oct. 3, 2000                                             

        Claims 1, 2, 4 through 6, 8 and 9 stand rejected under                        
        35 U.S.C. § 102(b) as being anticipated by Martin.                            

        Rather than attempt to reiterate the examiner's commentary                    
        with respect to the above-noted § 102 rejection and the conflicting           
        viewpoints advanced by appellant and the examiner regarding that              
        rejection, we make reference to the examiner’s answer (mailed May             
        19, 2005) for the reasoning in support of the rejection, and to               













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