Ex Parte Barbieri et al - Page 9


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

         the thickness of the nose or tail with which we agree as                   
         discussed above.                                                           
              We fully appreciate appellants’ discussion of the kinds of            
         conditions the ski as depicted in Figure 10 is best suited.  As            
         we discussed above, Zanco clearly states in column 3 beginning             
         at line 32 that the ski depicted Figure 10 is specialized in the           
         practice of skiing with tight turns.  However, as pointed out by           
         the examiner and as we agree, such disclosure does not exclude             
         the suitability of such a ski in powder conditions when the nose           
         or tail are modified according to appellants’ admitted prior               
         art.  The issue really here is whether one skilled in art would            
         not modify a ski such as the ski depicted in Figure 10 simply              
         because Zanco’s disclosure indicates it is best suited for                 
         skiing with tight turns.  This is exactly what appellants have             
         not convinced us of in both their brief and reply brief.  Hence,           
         as determined above, we affirm the rejection.                              

         III. The other art rejections                                              
              Because appellants state that the claims stand or fall                
         together and because the arguments made by appellants are                  
         directed to Zanco and the admitted prior art, we similarly                 
         affirm all the other rejections and do not need to discuss the             
         secondary references involved therewith.                                   
                                                                                   
         IV. Conclusion                                                             
              Each of the rejections is affirmed.                                   








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