Ex parte COWAN, JR. - Page 3




          Appeal No. 2001-2566                                        Page 3           
          Application No. 09/655,092                                                   


               said wheel and said roadway independently of the                        
               weight of said vehicle, and for minimizing                              
               oscillation of said wheel upon said roadway, said                       
               apparatus comprising:                                                   
                    said roadway having at least substantially                         
               horizontal sides;                                                       
                    a plurality of at least substantially vertical                     
               wheels rotating about at least substantially                            
               horizontal axles secured to said vehicle, said                          
               wheels having rims rolling along said sides of said                     
               roadway; and                                                            
                    a compression means, connected to said wheels,                     
               for causing said wheels to be compressed against                        
               said sides of said roadway with compression adequate                    
               to allow a desired amount of traction to be                             
               maintained between said wheels and said roadway,                        
               independently of said weight of said vehicle.                           
               The examiner relied upon the following prior art                        
          references of record in rejecting the appealed claims:                       
          Richter et al. (Richter)            5,014,864           May  14,             
                                                                  1991                 
          Getsay                        5,507,679            Apr. 16, 1996             
          Miller et al. (Miller)        5,662,045            Sep.  2, 1997             
               The following rejections are before us for review.                      
               Claims 1-12 stand rejected under 35 U.S.C. § 112, second                
          paragraph, as being indefinite for failing to particularly                   
          point out and distinctly claim the subject matter which                      
          appellant regards as the invention.                                          
               Claims 1-8 and 10-12 stand rejected under 35 U.S.C. §                   
          103(a) as being unpatentable over Getsay in view of Miller.                  





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