Ex parte FRUECHTENICHT - Page 19




          Appeal No. 2000-1474                                      Page 19           
          Application No. 08/962,902                                                  


               Independent claim 31 reads as follows:                                 
                    In a steerable non-motorized two-wheeled adult                    
               vehicle, the improvement comprising a standing platform                
               and an omni-                                                           
               directional lower sliding surface below said standing                  
               platform and between the two wheels, said lower sliding                
               surface having a generally smooth and snag-free face                   
               extending under said standing platform, said standing                  
               platform having sufficient width and length to support                 
               both feet of the rider in a variety of positions on the                
               platform to permit an acrobatic rider to engage the lower              
               sliding surface with the ground and ground-supported                   
               objects while pointed in multiple directions.                          
          and dependent claim 32 reads as follows:                                    
                    The vehicle of claim 31 wherein the improvement                   
               further comprises front and rear wheels of said vehicle                
               having diameters of from about 16 to about 20 inches,                  
               said standing platform having a width of about 8 to about              
               10 inches and a length of about 24 inches to about 27                  
               inches and being supported by said wheels below their                  
               axes of rotation and several inches above the ground.                  


               With regard to claim 32, the examiner determined (final                
          rejection, pp. 10-11) that it would have been obvious at the                
          time the invention was made to a person having ordinary skill               
          in the art to modify Mueller's scooter to have all of the                   
          claimed dimensional limitations.  The appellant argues (brief,              
          pp. 20-21; reply brief, pp. 9-10) that the subject matter of                
          claim 32 is not disclosed, taught or suggested by Mueller.                  









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