Ex parte SACKETT - Page 12




          Appeal No. 1997-3449                                      Page 12           
          Application No. 08/424,806                                                  


               Here, the examiner admits, “[n]ot specifically taught is               
          the use of the level [of Kramer] on a dump bin trailer.”                    
          (Examiner’s Answer, ¶ 11.)  This is an understatement.                      
          Kramer, the sole reference, teaches a “remote level sensor                  
          enclosure 10 . . . ."  Col. 5, ll. 15-16.  The examiner,                    
          however, has not shown a teaching or suggestion of using the                
          level sensor on a structure likely to increase in tilt, much                
          less on a vehicle having an elevating dump bin.  In contrast                
          to the claimed invention, the reference uses the level sensor               
          on a structure being leveled.  Specifically, Kramer mentions,               
          “level 10 might be placed on the chassis of a trailer which                 
          requires leveling or on an overhead beam which is to be                     
          leveled via jacks or the like.”  Col. 7,                                    
          ll. 41-44.                                                                  


               The examiner also has not shown a teaching or suggestion               
          of stopping any action upon identification of any condition                 
          much less stopping bin elevation upon identification of a                   
          predetermined tilt.  Kramer does teach “that the output of                  
          sensors 94, signal conditioning amplifiers 95 or code                       
          conversion circuitry 96 can be used as the input for other                  







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