Ex Parte Schmidt - Page 2


             Appeal No. 2007-1188                                                                           
             Application 10/621,131                                                                         
                                   Reference Relied on by the Examiner                                      
             Foster  US 2,877,686   Mar. 17, 1959                                                           
             Bateman  US 3,610,736   Oct. 5, 1971                                                           
             Englander   US 6,636,822   Oct. 21, 2003                                                       

                                         The Rejections on Appeal                                           
                   The Examiner rejected claims 1-3, 6 and 7 under 35 U.S.C. § 103(a) as                    
             unpatentable over Englander and either Foster or Bateman.                                      
             B. Issue                                                                                       
                   Has the Applicant shown error in the rejection of claims 1-3, 6 and 7 under              
             35 U.S.C. § 103(a) as unpatentable over Englander and either Foster or Bateman?                
             C. Summary of the Decision                                                                     
                   The Applicant has not shown error in the rejection of claims 1-3, 6 and 7                
             under 35 U.S.C. § 103(a) as unpatentable over Englander and either Foster or                   
             Bateman.                                                                                       
             D Findings of Fact (Referenced as FF. ¶ No.)                                                   
                   1. The claimed invention is directed to a remote controlled crossover                    
             mirror assembly which is mounted on an exterior surface of a vehicle and which                 
             meets a particular forward, rightward, and leftward visual orientation in front of             
             school buses as mandated by the Federal Motor Vehicle Safety Standard 111.                     
             (Preamble, Claim 1).                                                                           
                   2. A “crossover mirror” refers to a mirror designed to reduce blind spots                
             in front of a vehicle such as a bus and such mirrors are mounted on the front corner           
             of the vehicle to provide visual access to the driver of the front area of the vehicle         
             as well as the sides of the vehicle.  (Specification, ¶ 11).                                   



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