Ex parte OSTENDORFF et al. - Page 9




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


          vehicles utilizing remote controlled or electro-mechanical                  
          guidance systems,” citing col. 1, lines 26 to 35.  The cited                
          portion of Travers does disclose that toy vehicles having,                  
          e.g., “intricate electro-mechanical guidance systems to                     
          control the direction of the vehicle” are unsatisfactory.                   
          However, we do not consider that this would have dissuaded one              
          of ordinary skill from modifying the Travers vehicle as                     
          proposed by the examiner, since we do not believe that at the               
          time the present invention was made remote-controlled motors                
          as disclosed by George would have been considered an                        
          “intricate” system.                                                         
               We accordingly will sustain the rejection of claim 9, as               
          well as the rejection of claims 1 to 4, appellants having                   
          grouped those claims with claim 9.                                          
               Claim 14 requires that “said wheels extend beyond said                 
          frontal end [of the body].”  The examiner asserts that such a               
          modification of the toy car of Travers would have been obvious              
          in view of George’s disclosure of forwardly-extending wheels                
          so that the vehicle can bounce off of a wall or obstacle and                
          climb up a near vertical wall (answer, pages 5 and 6), but we               


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