Ex parte MONROY et al. - Page 3




          Appeal No. 1998-1924                                       Page 3           
          Application No. 08/642,907                                                  


               The appellants’ invention relates to an in-line roller                 
          skate frame.  An understanding of the invention can be derived              
          from a reading of exemplary claim 1, which appears in the                   
          appendix to the appellants’ brief.                                          
                                    The prior art                                     
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Nielson                   480,610                Aug.  9, 1892              
          Horton                  1,822,657                Sep.  8, 1931              
          Gray                    4,418,929                Dec.  6, 1983              
          Gierveld                5,046,746                Sep. 10, 1991              

                                   The rejections                                     

               Claims 1 through 4  stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Gierveld in view of Gray.                        
               Claims 5 and 6 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Gierveld as modified by Gray and                    
          further in view of Nielson and Horton.                                      
               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejections, we make reference to the examiner's answer (Paper               










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