Ex parte KELLEY - Page 3




                 Appeal No. 1999-1975                                                                                     Page 3                        
                 Application No. 08/963,460                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a miniature-sized                                                                        
                 toy vehicle.  An understanding of the invention can be derived                                                                         
                 from a reading of claim 1, which appears in the appendix to                                                                            
                 the appellant's brief.                                                                                                                 


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Emmert                                       485,351         2                            Oct. 31, 1929                                
                 Yeremenko       3                            1,664,348       4                            July 23, 1991                                



                          Claim 1 stands rejected under 35 U.S.C. § 103 as being                                                                        
                 unpatentable over Yeremenko in view of Emmert.                                                                                         




                          2In determining the teachings of this German reference,                                                                       
                 we will rely on the translation provided by the PTO.  A copy                                                                           
                 of the translation is attached for the appellant's                                                                                     
                 convenience.                                                                                                                           
                          3The examiner referred to this reference as "Eremenko."                                                                       
                          4In determining the teachings of this Russian reference,                                                                      
                 we will rely on the translation provided by the PTO.  A copy                                                                           
                 of the translation is attached for the appellant's                                                                                     
                 convenience.                                                                                                                           







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