Ex Parte WATERS - Page 4

            Appeal No. 2000-1349                                                      
            Application No. 08/475,026                                                

                 4. Claims 2-5, 8-10 and 16 as unpatentable over Giladi               
            in view of Martin and Kishi;                                              
                 5. Claim 7 as unpatentable over Giladi in view of                    
            Cepparo and Harrison; and                                                 
                 6. Claim 7 as unpatentable over Giladi in view of                    
            Martin and Harrison.                                                      
                 We have carefully considered the issues raised in this               
            appeal together with the examiner’s remarks and appellant’s               
            arguments in his main brief.5  As a result, we conclude that              
            the rejection of claims 1 and 15 based on the combined                    
            teachings of Giladi and Cepparo is sustainable.                           
                 The Giladi patent discloses a wheeled vehicle having a               
            pair of platforms (10) which are postioned on opposites                   
            sides of the vehicle.  The platforms are adjustable to                    
            elevated positions as shown in the drawings for allowing                  
            workmen on the platforms to pick fruit as in an orchard.                  
            The platforms are mounted on the vehicle by pivotable                     
            linkage assemblies (32, 36) that provide for the vertical                 
            and horizontal adjustment of the platforms independently of               
            each other to maneuver the platforms to desired locations.                

                                                                                      
            5 The examiner has refused entry of appellant’s reply brief               
            and the accompanying evidence of non-obviousness.                         
            Appellant’s petition to overturn the examiner’s refusal was               
            denied (see Paper No. 21 mailed May 18, 2000).                            
                                          4                                           


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