Ex Parte SMITH III - Page 6




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


                                     Obviousness                                      


               The unpowered road luge of claims 1 through 5, 7, 10, 13, 16           
          through 19, and 21 would not have been obvious based upon the               
          combined teachings of Eilers and Matsuura.  Akin to Matsuura, as            
          described above, Eilers teaches a three wheel recumbent vehicle             
          provided with pedals for powered operation by a rider.  It                  
          follows that, collectively considered, these teachings would not            
          have been suggestive of an unpowered road luge, as claimed.  It             
          is for this reason that the obviousness rejection at issue cannot           
          be sustained.                                                               


               The unpowered road luge of claims 11, 12, and 14 would not             
          have been obvious based upon the teaching of Matsuura and the               
          combination of Eilers and Matsuura, respectively, as discussed              
          above, further in view of Shoquist, Wiener, and Dean.  Simply               
          stated, each of the latter references fail to overcome the noted            
          deficiency of the Matsuura reference and the combination of                 
          Eilers and Matsuura.  It follows that the respective rejections             
          of claims 11, 12, and 14 cannot be sustained.                               




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