Ex Parte GIROUARD et al - Page 11




          Appeal No. 2004-0921                                                        
          Application No. 09/472,134                                                  


          ordinary skill in the art would view as embodying toe-holds                 
          disposed respectively above the rider’s toes in a vertical plane.           
          Thus, the examiner’s finding that Kitamura discloses each and               
          every element of the snowmobile recited in claim 73 is unsound.             
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 102(b) rejection of claim 73 as being anticipated by Kitamura.            
                                      SUMMARY                                         
               The decision of the examiner to reject claims 1 through 49,            
          55, 57 through 60, 64 through 68, 73, 77 through 88, 90 and 92 is           
          reversed.                                                                   





















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