Ex Parte Kane et al - Page 2



                    Appeal No. 2004-1500                                                                                                                                  
                    Application No. 09/736,673                                                                                                                            

                    double patenting rejections as well as the prior art rejection of                                                                                     
                    most (though not all) of the pending claims.  Via Paper No. 20, the                                                                                   
                    Examiner has responded to the Appellants’ filings by stating that                                                                                     
                    “[t]he amendment and Terminal Disclaimer is [sic] entered” and that                                                                                   
                    “[a]s a result the only claims still under appeal are claims 9-12,                                                                                    
                    under section 103."  Thus, the Examiner ultimately has withdrawn                                                                                      
                    all of his final rejections except for the § 103 rejection of                                                                                         
                    claims 9-12 which are, therefore, the only claims left before us on                                                                                   
                    this appeal.                                                                                                                                          
                             The subject matter on appeal relates to a tire mounting                                                                                      
                    apparatus.  With reference to the Appellants’ drawing, the                                                                                            
                    apparatus 10 comprises a bead-mounting tool 38 which is                                                                                               
                    moveable along a plurality of predetermined tire-mounting paths                                                                                       
                    corresponding to a size of the rim and tire to be mounted and                                                                                         
                    including at least one non-circular tire-mounting path (e.g., a                                                                                       
                    vertical path).  Further details of this appealed subject matter                                                                                      
                    are set forth in representative independent claim 9 which reads as                                                                                    
                    follows:                                                                                                                                              
                             9.  In a tire mounting apparatus for mounting a flexible tire                                                                                
                    on a rim, the improvement comprising:                                                                                                                 
                             a bead-mounting tool having a rim engaging portion and a tire                                                                                
                    engaging portion for forcing the bead of the tire over the rim in                                                                                     
                    response to controlled movement of the tool with respect to the rim                                                                                   
                    and tire, the tool moveable along a plurality of predetermined                                                                                        
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