Ex Parte Goldberg et al - Page 2




              Appeal No. 2003-0275                                                                  Page 2                
              Application No. 09/550,032                                                                                  


                                                    BACKGROUND                                                            
                     The appellants' invention relates to a drive unit assembly using an                                  
              electromagnetic retarding system on an axle to produce a retarding force that works                         
              with a vehicle braking system to slow and stop the vehicle (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:                                                                                        
              Fisher et al. (Fisher)                     5,212,419                    May 18, 1993                        
              Bodie et al. (Bodie)                       5,707,115                    Jan. 13, 1998                       
              Boberg                                     6,155,365                    Dec. 5, 2000                        



                     Claims 1 to 10 and 15 to 19 stand rejected under 35 U.S.C. § 103 as being                            
              unpatentable over Bodie in view of Fisher.                                                                  


                     Claims 11 to 14 stand rejected under 35 U.S.C. § 103 as being unpatentable                           
              over Bodie in view of Fisher and Boberg.                                                                    


                     Claims 10 to 25, 30 and 31 stand rejected under 35 U.S.C. § 103 as being                             
              unpatentable over Boberg in view of Fisher.                                                                 








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