Ex Parte Tolinski et al - Page 3




                 Appeal No. 2004-2346                                                                                      Page 3                     
                 Application No. 09/876,519                                                                                                           


                          Claim 7 stands rejected under 35 U.S.C. § 103 as being unpatentable over                                                    
                 Staser in view of Minnick and Rich.                                                                                                  
                          Claim 8 stands rejected under 35 U.S.C. § 103 as being unpatentable over                                                    
                 Staser in view of Minnick, Rich and Pokorney.                                                                                        
                          Claims 11 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable                                                 
                 over Staser in view of Rich, Racine and Minnick.                                                                                     
                          Claims 16-18 and 20 stand rejected under 35 U.S.C. § 103 as being                                                           
                 unpatentable over Staser in view of Rich and Pokorney.                                                                               
                          Rather than reiterate the conflicting viewpoints advanced by the examiner and                                               
                 the appellants regarding the above-noted rejections, we make reference to the answer                                                 
                 (Paper No. 10) for the examiner's complete reasoning in support of the rejections and to                                             
                 the brief (Paper No. 20) for the appellants’ arguments thereagainst.                                                                 
                                                                    OPINION                                                                           
                          In reaching our decision in this appeal, we have given careful consideration to                                             
                 the appellants’ specification and claims, to the applied prior art references, and to the                                            
                 respective positions articulated by the appellants and the examiner.  As a consequence                                               
                 of our review, we make the determinations which follow.                                                                              
                          We turn our attention first to the rejection of claim 1 as being unpatentable over                                          
                 Staser in view of Racine.  Staser discloses an automotive vehicle having a moveable                                                  









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