Appeal No. 2004-1108
Application 09/756,833
wherein said internal storage volume is specifically sized to receive and retain a
conventionally available, foldable two-wheeled scooter.
2. The scooter of Claim 1, wherein said internal storage volume is at least seven inches (7")
wide by five inches (5") deep by at least twenty four inches (24") high.
14. A portable transportation vehicle comprising:
a two-wheeled scooter of the type that is collapsible; and
a backpack specifically adapted to contain and carry said scooter.
The appealed claims, as represented by the above claims, are drawn to a backpack which
can contain and carry a conventionally available, foldable two-wheeled scooter. The internal
volume of the backpack can be as specified in appealed dependent claim 2. In appealed
independent claim 14, a collapsible, two-wheeled scooter is claimed in combination with a
backpack specifically adapted to contain and carry the scooter.
The references relied on by the examiner are:
Cannaday 4,324,012 Apr. 13, 1982
McDermott 5,743,447 Apr. 28, 1998
Mott (Mott) 5,806,742 Sep. 15, 1998
Kearl 6,193,118 Feb. 27, 2001
(filed Dec. 9, 1997)
Rota 6,332,566 Dec. 25, 2001
(filed Sep. 5, 2000)
Ogami 10-119862 May 12, 1999
(Japanese Patent)
The examiner has advanced the following grounds of rejection on appeal:
claim 1 stands rejected under 35 U.S.C. § 102(e) as anticipated by Rota (answer, page 3);
claims 2 and 6 through 8 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over
Rota (answer, page 4);
claims 3, 12 and 13 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Rota in
view of McDermott (answer, pages 4-5);
claims 4, 5, 10 and 11 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Rota in
view of Kearl (answer, page 5-6);
claim 9 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Rota in view of Mott
(answer, page 6);
claim 8 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Rota in view of
Cannaday (answer, page 7);
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