Appeal 2007-1755
Application 10/930,047
Appellants claimed invention is directed to a wheel structure. There is no
claimed requirement that the wheel is utilized in the automotive industry, nor that
the wheel be of particular size. Sorrentino teaches a wheel structure which reduces
the tendency of scaled cars to roll over and also enhances the acceleration and
cornering performance of the car (Finding of Fact 8). Both the claimed invention
and Sorrentino are concerned with the field of wheel structures for vehicles. As
such, Sorrentino is analogous art.
The Examiner found that Sorrentino teaches a wheel structure which would
function on any size wheel regardless of application (Answer 8). Appellants argue
that “[d]esigners of wheels for toy cars are more concerned with the visual aspect
of the wheel, i.e., how aesthetically pleasing the wheel is, than with the structural
soundness of the wheel” and that “[t]here is nothing in Sorrentino, or the prior art,
to indicate that the toy wheels can simply be scaled up and installed on a full-size
vehicle” (Reply Br. 4). We disagree.
Sorrentino specifically teaches a wheel structure designed for use with 1/10
scale radio controlled toy cars which reduces the tendency of the cars to roll over
and also enhances the acceleration and cornering performance of the car (Finding
of Fact 8), not the visual aspect of the wheel as suggested by Appellants.
Furthermore, one skilled in the art would readily appreciate the distinction between
toy cars which are designed to look like full-scale vehicles and scaled racing
models as taught by Sorrentino.
Appellants further contend that “there is no motivation or suggestion to
modify Yasushi with the teachings of Sorrentino” (Appeal Br. 7). The Examiner
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