Ex parte HOTTE - Page 5




          Appeal No. 97-4155                                                          
          Application No. 08/309,403                                                  


          are tilted to match the angle of the inclined side of the pit,              
          and the truck body is pulled out of the pit and onto the                    
          truck.  Filipoff lacks “leg means for supporting the front end              
          of the truck equipment above the ground” at a given height and              
          at a given angle, as is set forth in claim 12.  Filipoff also               
          lacks the required                                                          
               actuator means . . . to raise the front end of the                     
               [truck] ramp means and tilt said ramp means                            
               substantially at said given angle so as to enable                      
               engagement of a lower rear portion of the tilted                       
               ramp means with an upper front portion of the guide                    
               means [of the truck equipment] by moving the truck                     
               frame rearwardly toward the truck equipment                            
               (emphasis added).                                                      
          Thus, the Filipoff system differs in concept from that set                  
          forth in claim 12, in that it does not move the truck                       
          rearwardly into a position wherein the lower rear portion of                
          the tilted ramp engages the upper front portion of the                      
          equipment, but simply pulls the equipment up onto the truck.                
               Tarrant discloses a loading system wherein the truck                   
          equipment to be loaded is elevated above the ground, supported              
          by front and rear pairs of legs, and the truck is driven                    
          completely under it so that the entire under-surface of the                 
          equipment is engaged by the entire upper surface of the truck               

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