Ex parte CREGO et al. - Page 2




         Appeal No. 2001-0464                                      Page 2          
         Application No. 08/888,967                                                


                                    BACKGROUND                                     
              The appellants' invention relates to an arrangement for              
         supporting the weight of a snowboard while riding up a                    
         chairlift (specification, p. 1).  A copy of the claims under              
         appeal is set forth in the appendix to the appellants' brief.             


              The prior art references of record relied upon by the                
         examiner in rejecting the appealed claims are:                            
         Piper                    4,013,318                    Mar. 22,            
         1977                                                                      
         Gomez et al.             5,564,729                    Oct. 15,            
         1996                                                                      
         (Gomez)                                                                   
         Westwood, III            5,913,479                    June 22,            
         1999                                                                      
         (Westwood)                                                                



              Claims 6 to 10 stand rejected under 35 U.S.C. § 103 as               
         being unpatentable over Westwood in view of Piper and Gomez.2             




              2 Since rejection under 35 U.S.C. § 112, second paragraph, set       
         forth in the final rejection (Paper No. 13, mailed April 11, 2000)        
         was not set forth in the examiner's answer we assume that this ground     
         of rejection has been withdrawn by the examiner.  See Ex parte Emm,       
         118 USPQ 180, 181 (Bd. App. 1957).                                        







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