Ex Parte Platner et al - Page 2




              Appeal No. 2004-0875                                                               Page 2                
              Application No. 09/728,975                                                                               


                                                   BACKGROUND                                                          
                     The appellants’ invention relates to a vehicle frame assembly.  Further                           
              understanding of the invention may be obtained from a reading of representative claim                    
              1, which is reproduced, infra, in the decision section of this decision.                                 
                     Claims 1, 2, 4, 6, 8, 9, 20 and 21 stand rejected under 35 U.S.C. § 102(e) as                     
              being anticipated by Na.2                                                                                
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellants regarding the above-noted rejection, we make reference to the answer                      
              for the examiner's complete reasoning in support of the rejection and to the brief and                   
              reply brief (Paper Nos. 18 and 20) 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 Na patent, and to the respective                
              positions articulated by the appellants and the examiner.  As a consequence of our                       
              review, we make the determination which follows.                                                         




                     Claim 1, the sole independent claim before us on appeal, reads as follows:                        
                            1.  A vehicle frame assembly, comprising:                                                  

                     2 U.S. Pat. No. 6,322,105, issued Nov. 27, 2001 on an application filed Jul. 7, 2000.             







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