Ex Parte Fecteau et al - Page 3



                Appeal No. 2006-0178                                                                                                            
                Application No. 09/877,188                                                                                                      

                         a drive track disposed below the frame and connected operatively to the engine for                                     
                propulsion of the snowmobile;                                                                                                   
                         a forward-most drive track axle disposed on the frame;                                                                 
                         two skis disposed on the frame;                                                                                        
                         a steering device having a steering position; and                                                                      
                         a steering shaft operatively connecting the skis to the steering device for steering the                               
                snowmobile, wherein the steering position is disposed forward of the forward-most drive track                                   
                axle.                                                                                                                           

                         The prior art set forth below is relied upon by the examiner as evidence of obviousness:                               
                Christensen et al. (Christensen)  3,734,219   May  22, 1973                                                                     
                Atherley     5,944,380   Aug. 31, 1999                                                                                          
                The  admitted  prior  art  as  presented  in  Figures  1  and  8  of  the  appellants’  drawing  and  as                        
                described on pages 1-2 of the appellants’ specification.                                                                        
                         Claims 1-21, 24, 26-32, 37-47, 50, 52-65, 67-75, 77-87, 92-95, 100-104, 109-118 and                                    
                122-130  are  rejected  under  35  U.S.C.  §  103(a) as  being  unpatentable  over  the  appellants’                            
                admitted prior art in view of Christensen, and claims 22, 23, 25, 48, 49, 51, 66 and 76 are                                     
                correspondingly rejected over the aforementioned prior art and further in view of Atherley.                                     
                         Rather than reiterate the respective positions advocated by the appellants and by the                                  
                examiner concerning these rejections, we refer to the brief and to the answer for a complete                                    
                exposition thereof.                                                                                                             
                                                                  OPINION                                                                       
                         For the reasons which follow, we cannot sustain either of the above-noted rejections.                                  
                         The examiner acknowledges that the appellants’ admitted prior art contains no teaching                                 
                or suggestion of a snowmobile having the here claimed features wherein the steering shaft is                                    

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