Ex Parte Barbieri et al - Page 2


         Appeal No. 2004-1129                                                       
         Application No. 09/755,513                                                 

                   1. A snowboard comprising:                                       
                   a running length having opposite ends, two sides                 
              and a sidewall extending along at least a portion of                  
              one of the two sides of the running length, the                       
              running length having an area for mounting a first                    
              snowboard binding and a second snowboard binding;                     
                   a nose located at one end of the running length;                 
              and                                                                   
                   a tail locate at other end of the running length,                
              the nose and tail each having a transition end near                   
              the running length and a tip opposite the transition                  
              end, at least one of the nose and tail having a                       
              continuously increasing flexibility along a                           
              substantial length of the at least one of the nose and                
              tail from the transition end toward the tip, wherein                  
              the increasing flexibility is not exclusively the                     
              result of a change in width of the at least one of                    
              nose and tail.                                                        

              The examiner relies upon the following references as                  
         evidence of unpatentability:                                               
         Vance                   5,871,224               Feb. 16, 1999            
         Olson                   5,921,564               Jul. 12, 1999            
         Zanco et al. (Zanco)     6,113,126               Sep. 05, 2000            
         Lines 27-29 of page 1 of the Instant Application, which is part            
         of the “Background” portion of the Instant Application.                    
              Claims 1-3, 5, 7, 9, 10, 13, 14, 16, 18-20, 22, 23, 25, and           
         27-34 stand rejected under 35 U.S.C. § 103 as being unpatentable           
         over Zanco in view of lines 27-29 of page 1 of appellants’                 
         specification (herein after referred to appellants’ admitted               
         prior art, APA).                                                           
              Claims 4 and 15 stand rejected under 35 U.S.C. § 103 as               
         being unpatentable over Zanco in view of APA.                              
              Claims 11, 24, and 26 stand rejected under 35 U.S.C. § 103            
         as being unpatentable over Zanco in view of APA and further in             
         view of Vance.                                                             


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