Appeal No. 1998-1562 Page 15
Application No. 08/611,416
pivotally connected to the piston rod. The pivot axis of this
pivot connection is spaced from and below the flap as shown in
the Figure. Accordingly, claim 22 is readable on the
apparatus of Johannsson.
For the reasons stated above, the decision of the
examiner to reject claim 22 under 35 U.S.C. § 102(b) as being
anticipated by Johannsson is affirmed.
The obviousness issues
We sustain the rejection of claims 2 to 4 and 8 under
35 U.S.C. § 103 as being unpatentable over Eichenberger in
view of Johannsson, but not the rejection of claims 5 and 6.
We will not sustain the rejection of claims 19 and 20 under 35
U.S.C.
§ 103 as being unpatentable over Eichenberger in view of
Smith.
As to claims 2 to 4 and 8, the appellants argue (brief,
p. 14) only with respect to claim 3 that the recited "at least
a pair of arms secured to said trough and pivotally mounted on
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