Appeal No. 2006-1451
Application No. 08/802,472
Rather than reiterate the conflicting viewpoints advanced by the examiner and
appellant regarding the above-noted rejection, we make reference to the examiner's
answer (mailed 10/20/2005) for the reasoning in support of the rejection, and to
appellant's brief (filed 6/30/2005) and reply brief (filed 12/27/2005) for the arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by appellant and the examiner. As a consequence of
our review, we make the determinations that follow.
Claims 5, 9, 11, 13, 20, 22, 28, 30 and 31 rejected under 35 U.S.C. § 102(b) as
being unpatentable as anticipated over Gossard.
With respect to claim 5, appellant argues that
1) the examiner is presenting a moving target in switching suggested
activities that the article and icon relate to, negating novelty; [see Brief
at p. 15]
2) collecting Gossard’s photographs is not a sport; [see Brief at p. 16]
3) no one would have imagined the activity of collecting photographs from
Gossard’s iconic container; [see Brief at p. 17]
4) no one would have imagined using Gossard’s photographs as part of
the play of a sport that Gossard’s photographs portray; [see Brief at p.
18]
5) Gossard does not teach using the photographs during a sport [see
Brief at p. 18];
4
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