Ex Parte Zaltron - Page 2




              Appeal No. 2004-1922                                                                 Page 2                
              Application No. 09/760,567                                                                                 


                                                    BACKGROUND                                                           
                     The appellant's invention relates to a trekking stick with a shock absorber.  An                    
              understanding of the invention can be derived from a reading of exemplary claim 1,                         
              which appears 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:                                                                                       
              Schwarting                         619,235                             Feb.  7, 1899                       
              Hyman                              3,730,544                           May   1, 1973                       
              Allsop et al. (Allsop)             4,244,602                           Jan. 13, 1981                       
              Palinkas                           6,328,294 B1                        Dec. 11, 2001                       
                                                                             (filed Nov.   2, 1999)                     
                     The following rejections stand under 35 U.S.C. § 103(a):                                            
              (1) Claims 14-18 on the basis of Allsop in view of Schwarting.                                             
              (2) Claims 1-7, 13 and 19-22 on the basis of Allsop in view of Schwarting and Hyman.                       
              (3) Claim 8 on the basis of Allsop in view of Schwarting, Hyman and Palinkas.                              
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                       
              the appellant regarding the above-noted rejections, we make reference to the Answer                        
              (Paper No. 15) and the final rejection (Paper No. 9) for the examiner's reasoning in                       
              support of the rejections, and to the Brief (Paper No. 14) for the appellant's arguments                   
              thereagainst.                                                                                              











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