Ex Parte SMITH III - Page 2




          Appeal No. 2002-0754                                                        
          Application 09/046,797                                                      


          elected species.  These claims constitute all of the claims                 
          remaining in the application.                                               


               Appellant’s invention pertains to an unpowered road luge and           
          an unpowered road luge used by a reclining rider.  A basic                  
          understanding of the invention can be derived from a reading of             
          exemplary claims 1, 17, and 21, respective copies of which appear           
          in the APPENDIX to the main brief (Paper No. 21).                           


               As evidence of anticipation and obviousness, the examiner              
          has applied the documents listed below:                                     


          Matsuura                 3,913,929                Oct. 21, 1975             
          Wiener                   4,548,421                Oct. 22, 1985             
          Dean et al               4,592,563                Jun.  3, 1986             
          (Dean)                                                                      
          Eilers                   4,993,733                Feb. 19, 1991             
          Shoquist                 5,785,330                Jul. 28, 1998             


               The following rejections are before us for review. 1                   




               1 A final rejection of claims 1 through 3, 7, 13 through 16,           
          and 21 under 35 U.S.C. § 103(a) based upon the combination of               
          Carn and Hoffman references was withdrawn by the examiner                   
          (answer, page 2).                                                           
                                          2                                           





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