Appeal No. 2006-0873
Application No. 10/043,277
of the vehicle device in the opening, wherein the vehicle
device is a steering console.
The examiner relies upon the following as evidence of unpatentability:
Simonetti US 5,813,288 Sep. 29, 1998
The following rejection is before us for review.
Claims 39, 42, 58 and 61 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Simonetti.
Rather than reiterate in their entirety the conflicting viewpoints advanced by
the examiner and the appellants regarding this appeal, we make reference to the
examiner's answer (mailed April 6, 2005) for the examiner's complete reasoning in
support of the rejection and to the appellants’ brief (filed January 11, 2005) for the
appellants’ arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration
to the appellants’ specification and claims2, to the applied Simonetti patent, and to
the respective positions articulated by the appellants and the examiner. As a
consequence of our review, we make the following determinations.
2 The term “fitting” in claim 42 lacks antecedent basis and should be changed to
“vehicle device."
3
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