Ex Parte SMITH III - Page 7




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


                               REMAND TO THE EXAMINER                                 


               We remand this application to the examiner to assess the               
          patentability of the claimed “unpowered” road luge under                    
          35 U.S.C. § 103 taking into account the combined teachings of the           
          known directly steerable unpowered road luge (appellant’s                   
          specification, pages 1 and 2) and other relevant known vehicles,            
          e.g., the Matsuura cycle, Eilers vehicle, and soap-box derby                
          vehicles.                                                                   


               In summary, this panel of the board has not sustained any of           
          the rejections on appeal.  Additionally, we have remanded the               
          application for consideration of the matter described above.                















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