Ex parte STROER et al. - Page 2




              Appeal No. 2000-0852                                                               Page 2                
              Application No. 09/061,314                                                                               


                                                   BACKGROUND                                                          
                     The appellants’ invention relates to a hand brake release handle.  An understanding               
              of the invention can be derived from a reading of exemplary claim 1, which appears in the                
              appendix to the appellants’ Brief.                                                                       
                     The prior art references of record relied upon by the examiner in rejecting the                   
              appealed claims are:                                                                                     
              Hanahan                            1,300,384                          Apr. 15, 1919                      
              The admitted prior art as shown in Figure 2 of the appellants’ application.                              
                     Claims 1, 3-7, 9-13 and 15-19 stand rejected under 35 U.S.C. § 103 as being                       
              unpatentable over the admitted prior art in view of Hanahan.                                             
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                 
              appellants regarding the above-noted rejection, we make reference to the Answer (Paper                   
              No. 13) for the examiner's complete reasoning in support of the rejections, and to the Brief             
              (Paper No. 12) and Reply Brief (Paper No. 14) for the appellants’ arguments thereagainst.                
                                                      OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to the               
              appellants’ specification and claims, to the applied prior art references, and to the                    
              respective positions articulated by the appellants and the examiner.  As a consequence of                
              our review, we make the determinations which follow.                                                     









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