Ex Parte Carbonero - Page 2

               Appeal No. 2006-1085                                                                         
               Application No. 10/392,209                                                                   

                      As noted on page 1 of the specification, appellant’s invention, entitled              
               “GYM SCOOTER,” relates to a scooter used for recreational purposes.  In                      
               particular, appellant notes that propelling a scooter across the floor while in              
               a seated position on the scooter helps to build upper and lower body                         
               strength, and improve coordination.  The essence of appellant’s invention                    
               resides in a low profile connection that is integrally formed as part of the                 
               scooter body and that is utilized to connect two or more scooters together in                
               abutting relation so a single person may move across the floor in a prone or                 
               supine position on the scooters, or several persons can move together across                 
               the floor with each person being seated on one of the interconnected                         
               scooters.  Each of claims 1, 3 and 4 is independent and generally                            
               representative of the subject matter on appeal, a copy of those claims can be                
               found in the Appendix attached to appellant’s brief.                                         

                      The prior art references relied upon by the examiner in rejecting the                 
               appealed claims are:                                                                         
               John et al. (John)    5,860,369  Jan. 19, 1999                                               
                                                                                                           
               Karashima     6,095,348  Aug. 1, 2000                                                        

                      Claims 1, 3 and 4 stand rejected under 35 U.S.C. § 103(a) as being                    
               unpatentable over Karashima in view of John.                                                 





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