Ex parte BOGERT et al. - Page 13




          Appeal No. 1999-0272                                      Page 13           
          Application No. 08/605,212                                                  


          (1982) defines "carriage" as "[a] moving part of a machine for              
          holding or shifting another part."  Ward's gear box 36 is not               
          a carriage since it is not a moving part of a machine for                   
          holding or shifting another part.  Likewise, Gurevich's                     
          support within which his cranks 26 and 27 are located is not a              
          carriage since it is not a moving part of a machine for                     
          holding or shifting another part.                                           


               For the reasons set forth above, the decision of the                   
          examiner to reject claims 8, 18, 22, 24 and 25 under 35 U.S.C.              
          § 103 is reversed.                                                          


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 8, 10, 12 and 14 under 35 U.S.C. § 112, second                       
          paragraph, is reversed; the decision of the examiner to reject              
          claims 7, 16 and 17 under 35 U.S.C. § 103 is affirmed; and the              
          decision of the examiner to reject claims 8, 18, 22, 24 and 25              
          under 35 U.S.C.                                                             
          § 103 is reversed.                                                          









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