Appeal No. 2000-0212
Application 08/914,477
10. The remotely controlled toy vehicle set forth in
claim 9 wherein said body is buoyant in water and wherein said
wheels define outer surface contours for propelling said toy
vehicle through water.
Terzian discloses a toy vehicle which can be operated in
water as well as on land. The wheels 14, 16 have “outer
surface contours” (ribs or fins) 110, 112 on them to propel
the vehicle through the water, the wheels giving sufficient
buoyancy to allow the vehicle to float (col. 3, lines 6 to
11). The examiner states that (answer, page 5):
Terzian teaches the concept of providing a vehicle body
and wheels which together are buoyant so that the vehicle
can be propelled through water. It would have been
obvious to have provided the body and wheels of [the toy
car of Travers, modified in view of] Oda as individually
positively buoyant or compositely buoyant so that the car
could travel into and through water, extending the
usefulness and enjoyment of the RC car toy.
With regard to the applicability of Terzian, appellants
argue at page 10 to 12 of the brief that (i) Terzian teaches
away from appellants’ claimed invention because Terzian’s
vehicle is self-righting, and Terzian teaches that no portion
of the vehicle body extends beyond the periphery of the
wheels, and (ii) the Terzian toy is non-inverting. These
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