Appeal No. 2004-0921
Application No. 09/472,134
snowmobile comprises right and left toe-holds disposed
respectively “above the rider’s toes in a vertical plane.”
Although the original disclosure on its face does not
mention a “tunnel,” it does incorporate by reference (see page 1)
Canadian Patent Application No. 2,256,9443 which does disclose a
snowmobile having a tunnel 27 housing a drive track 9. This
incorporated disclosure of the tunnel is entirely consistent with
the disclosure in the appellants’ original drawings of drive
track 120 extending from a partially enclosed area defined by the
snowmobile. Taken together, these disclosures would reasonably
convey to the artisan that the appellants had possession at the
time the instant application was filed of a snowmobile having a
“tunnel” as set forth in claims 60, 85, 88 and 92. Similarly,
the disclosure in the original specification (see page 10) of
toeholds disposed above the forward portions of the sideboards
upon which rest the rider’s feet would reasonably convey to the
artisan that the appellants had possession at that time of a
snowmobile having toeholds disposed respectively “above the
rider’s toes in a vertical plane” as recited in claim 73.
3 A copy of this document is appended to the main brief.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007