Appeal No. 2006-1513 Παγε 2
Application No. 10/068,574
BACKGROUND
The appellants’ invention relates to an animal decoy and a
method for making an animal decoy (specification, page 1).
Claim 21 is representative of the invention, and is reproduced as
follows:
21. A decoy comprising a three dimensional main body and a
photograph containing animal features non-adhesively
incorporated into said main body.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Palmer 3,029,541 Apr. 17, 1962
Tryon 3,707,798 Jan. 2, 1973
Claims 21-26, 28 and 29 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Tryon.
Claims 27 and 30-33 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Tryon in view of Palmer.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellants regarding the above-noted
rejections, we make reference to the answer (mailed November 19,
2003) for the examiner's complete reasoning in support of the
rejections, and to the brief (filed September 2, 2003) and reply
brief (filed December 21, 2005) for the appellants’ arguments
thereagainst.
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