Ex parte OSTENDORFF et al. - Page 3




          Appeal No. 2000-0212                                                        
          Application 08/914,477                                                      


          47).  The vehicle is weighted eccentrically of its                          
          longitudinal axis, so that when the motor is activated, it                  
          will follow an “undefined and unpredictable” path (col. 3,                  
          lines 41 to 43).                                                            
               Oda discloses at col. 1, lines 12 to 18, that:                         
                    In the field of remotely controlled battery operated              
               wheel toys, it has been the practice to employ two small               
               motors, one connected to drive the front right wheel of                
               the wheel toy, and the other connected to drive the front              
               left wheel of the wheel toy, the speed of rotation of the              
               motors being controlled by a two channel transmitter, one              
               channel for each motor.                                                
          A toy automobile having such an arrangement is shown in Fig.                
          2, each front wheel 21, 29 being driven by a separate motor                 
          41, 39 through reduction gearing 35, 37.  The examiner takes                
          the position that (answer, page 4):                                         
               it would have been obvious to have provided [the Travers               
               toy car with] any well known self-propulsion drive for                 
               toy cars, including the independent and remotely                       
               controlled front drive motors of Oda’s figure 2.  Such a               
               remotely controlled car would allow for more realistic                 
               car motion requiring no physical user input/contact,                   
               adding to the amusement for the child user.                            
               We will first consider the rejection with regard to                    
          independent claim 9.                                                        
               Appellants first argue that “elimination of the rear                   


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