Ex Parte Mekemson et al - Page 2




              Appeal No. 2005-1862                                                                Page 2                
              Application No. 09/799,088                                                                                



                                                   BACKGROUND                                                           
                     The appellants' invention relates to an apparatus and method of measuring                          
              pavement cross-slope at highway speeds (specification, p. 1).  A copy of the claims                       
              under appeal is set forth in the appendix to the appellants' brief.                                       


                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Swindall et al. (Swindall)                4,674,327                   June 23, 1987                       
              Shoutaro et al. (Shoutaro)                4,700,223                   Oct. 13, 1987                       
              Desmarais et al. (Desmarais)              5,467,190                   Nov. 14, 1995                       
              Okada                                     6,268,825                   July 31, 2001                       


                     Claims 1, 4, 5, 8, 9, 12 to 14 and 16 stand rejected under 35 U.S.C. § 103 as                      
              being unpatentable over Swindall in view of Desmarais.                                                    


                     Claims 2, 6, 10 and 17 stand rejected under 35 U.S.C. § 103 as being                               
              unpatentable over Swindall in view of Desmarais and Shoutaro.                                             


                     Claims 3, 7, 11 and 18 stand rejected under 35 U.S.C. § 103 as being                               
              unpatentable over Swindall in view of Desmarais and Okada.                                                









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