Ex Parte CHONIER et al - Page 2




              Appeal No. 04-0686                                                                 Page 2                
              Application No. 09/015,234                                                                               


                                                   BACKGROUND                                                          
                     The appellants’ invention relates to a safety binding for affixing a ski boot to a ski.           
              An understanding of the invention can be derived from a reading of exemplary claim 1,                    
              which appears in the appendix to the Brief.                                                              
                     The single prior art reference of record relied upon by the examiner in rejecting                 
              the appealed claims is:                                                                                  
              Scheck et al. (Scheck)                   4,593,928                   June 10, 1986                       
                     Claims 1, 2 and 4-7 stand rejected under 35 U.S.C. § 102(b) as being anticipated                  
              by Scheck.                                                                                               
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellants regarding the above-noted rejection, we make reference to the Answer                      
              (Paper No. 37) for the examiner's complete reasoning in support of the rejection, and to                 
              the Brief (Paper No. 36) and Reply Brief (Paper No. 38) for the appellants’ arguments                    
              thereagainst.                                                                                            
                                                      OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                   
              the appellants’ specification and claims, to the applied prior art reference, and to the                 
              respective positions articulated by the appellants and the examiner.  As a consequence                   
              of our review, we make the determinations which follow.                                                  









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