Ex Parte Kawensky - Page 2




             Appeal No. 2004-1175                                                          Page 2              
             Application No. 09/850,307                                                                        


                                               BACKGROUND                                                      
                   The appellant's invention relates to an apparatus to enable movement of a                   
             bicycle having a flat tire without having to carry such bicycle and/or riding such bicycle        
             with such tire being deflated (specification, p. 1).  A copy of the claims under appeal is        
             set forth in the appendix to the appellant's brief.                                               


                   The prior art references of record relied upon by the examiner in rejecting the             
             appealed claims are:                                                                              
             Graber                          4,802,594                        Feb. 7, 1989                     
             Caddick                         GB 2 224 701 A                   May 16, 1990                     



                   Claims 1 to 20 stand rejected under 35 U.S.C. § 103 as being unpatentable over              
             Graber in view of Caddick.                                                                        


                   Rather than reiterate the conflicting viewpoints advanced by the examiner and               
             the appellant regarding the above-noted rejection, we make reference to the answer                
             (Paper No. 12, mailed December 5, 2003) for the examiner's complete reasoning in                  
             support of the rejection, and to the brief (Paper No. 11, filed September 8, 2003) for the        
             appellant's arguments thereagainst.                                                               









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