Ex Parte Allen - Page 2




             Appeal No. 2004-1844                                                               Page 2                
             Application No. 09/522,023                                                                               


                                                  BACKGROUND                                                          
                    The appellant’s invention relates to a bolt-on wheel cover that is integrally                     
             retained to, but thermally isolated from, lug nuts of a vehicle wheel (specification, page               
             1).  A copy of the claims under appeal is set forth in the appendix to the appellant’s                   
             brief.                                                                                                   
                    The examiner relied upon the following prior art references in rejecting the                      
             appealed claims:                                                                                         
             Toth                               5,520,445                          May 28, 1996                       
             Inaba                              JP 63-87301                        Apr. 18, 19881                     
              (Japanese patent document)                                                                              

                    The following rejections are before us for review.                                                
                    Claims 24-26 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                      
             Inaba.                                                                                                   
                    Claims 13-19 and 21-26 stand rejected under 35 U.S.C. § 103 as being                              
             unpatentable over Toth.                                                                                  
                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
             the appellant regarding the above-noted rejections, we make reference to the final                       
             rejection and answer (Paper Nos. 18 and 23) for the examiner's complete reasoning in                     


                    1W e derive our understanding of this application from the English language translation provided  
             by appellant with Paper No. 11.                                                                          






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