Ex parte FAILOR - Page 2




                 Appeal No. 1999-0213                                                                                     Page 2                        
                 Application No. 08/814,550                                                                                                             


                          The claims on appeal are drawn to a tool kit for placement                                                                    
                 on a front tire of a cab-over-engine tractor, and are                                                                                  
                 reproduced in the appendix of appellant’s brief.2                                                                                      


                          The reference applied in the final rejection is:                                                                              
                 Vaccaro                                      3,618,749                                             Nov. 9,                             
                 1971                                                                                                                                   


                          Claims 1 to 3, 5 to 11, 13, 14, 16 to 21 and 23 stand                                                                         
                 finally rejected as anticipated by Vaccaro, under 35 U.S.C.                                                                            
                 102(b).                                                                                                                                


                          Appellant’s arguments as to why he does not consider claim                                                                    
                 1 to be anticipated by Vaccaro may be summarized as follows:                                                                           
                 (1) Vaccaro does not disclose sloped front and rear sections;                                                                          
                 only the top surfaces of Vaccaro’s front and rear sections are                                                                         
                 sloped (brief, pp. 7 and 10).                                                                                                          





                          2Although the claims are drawn to a “tool kit,” we note                                                                       
                 that no tools are claimed.                                                                                                             







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