Ex Parte Penlerick et al - Page 2




              Appeal No. 2003-0881                                                               Page 2                
              Application No. 09/658,561                                                                               


                                                   BACKGROUND                                                          
                     The appellants' invention relates to base plates for mounting a tow bar to tow                    
              hooks of a towed vehicle (specification, p. 1).  A copy of the claims under appeal is set                
              forth in the appendix to the appellants' brief.                                                          


                     Claims 1 to 3, 5 to 15, 17 to 21 and 24 to 26 stand rejected under 35 U.S.C.                      
              § 102(b) as being anticipated by U.S. Patent No. 5,755,4541 to Peterson.                                 


                     Claim 4 stand rejected under 35 U.S.C. § 103 as being unpatentable over                           
              Peterson.                                                                                                


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellants regarding the above-noted rejections, we make reference to the answer                     
              (Paper No. 14, mailed December 3, 2002) for the examiner's complete reasoning in                         
              support of the rejections, and to the brief for the appellants' arguments thereagainst.2                 






                     1 Issued May 26, 1998.                                                                            
                     2 The appellants' reply brief (Paper No. 18, filed March 3, 2003) was not timely filed (see Paper 
              No. 20, mailed April 28, 2003) and will not be considered.                                               






Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007