Appeal No. 98-0007
Application 08/440,907
answer, we conclude that the appealed claims are patentable
over Symon, and will not sustain the rejection.
The examiner in essence takes the position that:
(1) the first eleven lines of claim 1 “recite non-substantive
intended use language that has no patentable significance”
(answer, page 3); (2) the Symon device, although not disclosed
as attachable to an engine, is capable of being fastened to an
engine; (3) element 218 of Symon is a face plate which is
“rigidly” fastened to the boom “if all bolts one [sic, are]
properly tightened” (answer, page 4), and in any event it
would have been obvious to fasten it rigidly; (4) any one of
the elements 218 of Symon may be termed the center support
recited in claim 1.
Considering the examiner’s argument (4) first, the
last two lines of claim 1 recite:
a center support carried by said face plate
for engaging the drive pulley of such an
engine to control positioning of such an
engine relative to the face plate.
3
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