Ex parte CHENG - Page 5




                 Appeal No. 1999-0284                                                                                     Page 5                        
                 Application No. 08/721,666                                                                                                             


                 i.e., all limitations of the claim are found in the reference,                                                                         
                 or 'fully met' by it."                                                                                                                 


                          The examiner's position (answer, p. 3) is that claims 1                                                                       
                 and 9 are clearly anticipated by Figure 3 of Harada.                                         2                                         
                 Specifically, the examiner states that                                                                                                 
                          the cover shown in Fig. 3 of Harada et al will shield the                                                                     
                          forks of Harada et al as the cover shown in Fig. 3 is                                                                         
                          large enough to do so.  The cover of Harada et al                                                                             
                          includes an extension, an upper covering unit, and a                                                                          
                          lower covering unit.                                                                                                          



                          The appellant argues (brief, pp. 6-8) that Harada's cover                                                                     
                 (the unnumbered element at the top of Figure 3) lacks the                                                                              
                 claimed lower support unit and upper covering unit.  We agree.                                                                         
                 In that regard, Harada fails to disclose the following two                                                                             
                 elements recited in claims 1 and 9: (1) a lower support unit                                                                           
                 which is "rectangular in shape and has three sidewalls, two                                                                            
                 top flanges, and a first open side;" and (2) an upper covering                                                                         
                 unit which is "rectangular in shape and has three sidewalls                                                                            

                          2The examiner has not done an element-by-element                                                                              
                 comparison between the claimed subject matter and the                                                                                  
                 disclosure of Harada.                                                                                                                  







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