Appeal No. 2002-1598 Page 2
Application No. 09/596,975
BACKGROUND
The appellant's invention relates to controlling toy vehicles. An understanding of
the invention can be gained from a reading of exemplary claim 21, which has been
reproduced below.
The single prior art reference of record relied upon by the examiner in rejecting
the appealed claims is:
Booth et al. (Booth) 4,986,187 Jan. 22, 1991
The examiner’s rejections are as follows:
Claims 21-27 and 31-40 stand rejected under 35 U.S.C. § 112, first paragraph,
as containing subject matter which was not described in the specification in such a way
as to reasonably convey to one skilled in the relevant art that the inventor, at the time
the application was filed, had possession of the claimed invention, i.e., new matter.
Claims 21-27 and 31-40 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 the applicant regards as the invention.
Claims 21-27, 31-36, 39 and 40 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Booth in view of the Official Notice taken that using a controller such
as a switch to control a vehicle/train is conventional.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007