Ex Parte Velke et al - Page 2




            Appeal No. 2002-1266                                                          Page 2              
            Application No. 09/757,603                                                                        


                                               BACKGROUND                                                     
                   The appellants’ invention relates to a lawn mower.  An understanding of the                
            invention can be derived from exemplary claim 20, which reads as follows:                         
                   A lawn mower comprising:                                                                   
                   an engine;                                                                                 
                   first and second drive wheels;                                                             
                         a foot platform, wherein at least a portion of the foot platform is                  
                   located between the first and second drive wheels;                                         
                   a seat for supporting a sitting operator;                                                  
                         wherein said seat is selectively deployable from a stowed position                   
                   to a deployed position so that a position of said platform does not change                 
                   when said seat is moved from the stowed position to the deployed                           
                   position, and wherein said seat may be selectively folded from the                         
                   deployed position to the stowed position.                                                  
                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Boice                                  4,663,923                 May 12, 1987                     
            Berrios                                5,653,466                 Aug.  5, 1997                    
            Munnoch et al. (Munnoch)               6,059,309                 May   9, 2000                    
                   Claims 20 and 21 stand rejected under 35 U.S.C. § 103 as being unpatentable                
            over Boice in view of Munnoch.                                                                    
                   Claim 22 stands rejected under 35 U.S.C. § 103 as being unpatentable over                  
            Boice in view of Munnoch and Berrios.                                                             








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