Ex Parte Dunaevsky - Page 3

              Appeal 2006-2748                                                                       
              Application 10/123,268                                                                 

          1         The prior art relied upon by the Examiner in rejecting the claims on             
          2   appeal is:                                                                             
          3         Mangano    U.S. 5,839,955  Nov. 24, 1998                                         
          4         Baerlocher   U.S. 6,168,520  Jan. 02, 2001                                       
          5                                                                                          
          6         Appellant contends that the combination of Baerlocher and Mangano                
          7   is improper.                                                                           
          8         Appellant contends in regard to claims 2, 14 and 27 that the                     
          9   combination of Baerlocher and Mangano does not include a second wheel                  
         10   wherein only a portion of the first wheel and the second wheel is displayed            
         11   on the video monitor.                                                                  
         12         Appellant also contends in regard to claims 4, 16 and 29 that                    
         13   rectangular wheels would not have been obvious because rectangular wheels              
         14   are not conducive to spinning.                                                         
         15                                   ISSUES                                                 
         16         Has Appellant shown that the Examiner erred in combining the                     
         17   teachings of Baerlocher and Mangano?                                                   
         18         Has Appellant shown that the Examiner erred in determining that the              
         19   elements of the claims are unpatentable under 35 U.S.C. § 103(a) over the              
         20   combined teachings of Baerlocher and Mangano?                                          
         21         Has Appellant shown that the Examiner erred in holding that the                  
         22   provision of rectangular wheels would have been an obvious design choice               
         23   because this choice solves no stated problem and produces no unexpected                
         24   result?                                                                                
         25                                                                                          
         26                                                                                          

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