Ex Parte Plassiard - Page 2




             Appeal No. 2004-0247                                                          Page 2               
             Application No. 09/899,664                                                                         


                                                BACKGROUND                                                      
                   The appellant's invention relates to a snowboard binding.  An understanding of               
             the invention can be derived from a reading of exemplary claim 1, which appears 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:                                                                               
             Swanson                          2,210,048                        Aug. 6, 1940                     
             Lehner et al. (Lehner)           19836554                         Jan.  5, 2000                    
             (German Patent Publication)1                                                                       
                   Claims 1, 2 and 4 stand rejected under 35 U.S.C. § 103 as being unpatentable                 
             over Lehner in view of Swanson.                                                                    
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and                
             the appellant regarding the above-noted rejection, we make reference to the Answer                 
             (Paper No. 10) for the examiner's complete reasoning in support of the rejection, and to           
             the Brief (Paper No. 9) for the appellant's arguments thereagainst.                                
                                                   OPINION                                                      
                   In reaching our decision in this appeal, we have given careful consideration to              
             the appellant's specification and claims, to the applied prior art references, and to the          



                   1Our understanding of this foreign language reference was obtained from a PTO translation, a 
             copy of which is enclosed.                                                                         







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