Ex Parte Wilkinson - Page 7




                   Appeal No. 2003-1181                                                                                                                                   
                   Application No. 09/755,575                                                                                                                             


                   Given our above-noted determination regarding the                                                                                                      
                   shortcomings of Granryd, and the lack of any further teaching or                                                                                       
                   suggestion on the examiner's part of an emergency traction                                                                                             
                   apparatus of the type specifically defined in appellant's claims                                                                                       
                   on appeal, it follows that the examiner's rejection of dependent                                                                                       
                   claims 2 and 4 through 6 under 35 U.S.C. § 103(a) based on                                                                                             
                   Granryd alone also will not be sustained.                                                                                                              


                   Since we have refused to sustain either of the rejections                                                                                              
                   posited by the examiner, the decision of the examiner rejecting                                                                                        
                   claims 1 through 6, 8 through 10, 13 through 16, 19 and 21 of the                                                                                      
                   present application is reversed.                                                                                                                       

















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