Ex Parte Schooler - Page 1




           The opinion in support of the decision being entered today was not written 
                  for publication and is not binding precedent of the Board.          
                                                            Paper No. 15              

                  UNITED STATES PATENT AND TRADEMARK OFFICE                           
                                     __________                                       
                      BEFORE THE BOARD OF PATENT APPEALS                              
                                AND INTERFERENCES                                     
                                      __________                                      
                             Ex parte STUART D. SCHOOLER                              
                                     ___________                                      
                                Appeal No. 2004-0200                                  
                             Application No. 09/908,709                               
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       
          Before KIMLIN, OWENS, and JEFFREY T. SMITH, Administrative Patent           
          Judges.                                                                     
          OWENS, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 1 and 3-9,           
          which are all of the claims pending in the application.                     
                                    THE INVENTION                                     
               The appellant claims a hybrid vehicle which includes an                
          internal combustion engine, a battery-powered electric motor, and           
          pedals for helping to recharge the electric motor’s battery.                
          Claim 1 is illustrative:                                                    
               An alternative fuel vehicle, comprising:                               
                    a battery supplying electrical energy;                            
                    an electric motor receiving said electrical energy from           

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