Appeal No. 2006-0770 Page 3
Application No. 09/783,366
namely, the lack of the recited forward and rearward interfaces, in addition to the previously
identified absence of a picture on the backing material. The appellant correctly pointed out on
page 2 of the first reply brief that new grounds of rejection were not permitted in an examiner’s
answer under 37 CFR § 1.193(a)(2) in effect at the time the first answer was mailed but did not
petition the new ground under 37 CFR § 1.181. In any event, the application was returned by the
Board of Patent Appeals and Interferences to the examiner in an order mailed July 20, 2005
because the answer was defective for not stating the ground(s) of rejection therein. In the
substitute answer, the examiner repeated the explanation of the rejection as stated in the first
answer and positively stated the ground of rejection to be under 35 U.S.C. § 103 as being
unpatentable over Wilson in view of Feher and Rand. At the time of the mailing of the second
answer, 37 CFR § 41.39(a)(2), which now permits new grounds of rejection in an examiner’s
answer, was in effect.
Wilson discloses a cap display apparatus for displaying a cap having a bill connected to a
collapsible crown, such as a baseball cap, the apparatus comprising a transparent plastic window
piece 13 having a hollow form 15 portion and flat portions above and below the hollow form
portion, the hollow form portion defining a cavity 31 for holding the cap 21 for display. A piece
of backing material 33 made of conventional matting material provides a contrasting
background for the cap, the display surface 35 of the backing material 33 contacting the rear
surface of the window piece 13 such that the display surface shows through the front surface 16
of the window piece. A rigid back 39 contacts the backing material 33 and provides support and
rigidity to both the window piece 13 and backing material 33. A rectangular frame 41 includes a
semicircular front retaining edge 43 and a box-shaped rear retaining edge 45, spaced apart so that
the window piece, backing material and rigid back are urged to remain in intimate contact with
each other and are slightly compressed between the front retaining edge 43 and the rear retaining
edge 45.
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