Ex Parte PROVITOLA - Page 2




            Appeal No. 2002-0030                                                          Page 2              
            Application No. 09/314,267                                                                        


                                               BACKGROUND                                                     
                   The appellant's invention relates to a toroidal wheel and includes the mounting            
            and driving thereof  (specification, p. 1).  A copy of the claims under appeal is set forth       
            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:                                                                              
            Bobek                            1,416,253                       May 16, 1922                     
            Shih                             5,778,998                       July 14, 1998                    



                   Claim 7 stands 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    
            the appellant regards as the invention.                                                           


                   Claims 1, 2, 5, 8, 11, 12, 17 and 20 stand rejected under 35 U.S.C. § 102(b) as            
            being anticipated by Bobek.1                                                                      






                   1 While claim 20 was not included in the statement of the rejection (final rejection, p. 3), claim 20
            was specifically discussed in the body of the rejection (final rejection, p. 4).                  






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