Ex parte FETCHKO et al. - Page 6




          Appeal No. 2001-0783                                                        
          Application 09/012,796                                                      



          Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed.                 
          Cir. 1987)).  It is our finding that these two discussed                    
          embodiments of Kuroi anticipate appellants’ claims 1,                       
                    Appellants argue at page 7 of the brief that member               
          31 is not connected to tiller 17, but only to bar 32.  Claim 1              
          is recited with open-ended “comprising” language, and nothing               
          therein precludes the presence of additional structure in the               
          steering mechanism.  The bar 22, 32 is not the tie bar relied               
          upon as connecting to the second unit.  Tie bar 23, 36                      
          fulfills this requirement of the claimed subject matter.                    
          These arguments  apply with equal merit to the embodiment of                
          claim 11.                                                                   
                    With respect to claims 2-4, Kuroi does not show a                 
          ball joint on bracket 33 connecting member 31 to the tie rod                
          23, 36. The examiner has cited Rockhill for the disclosure of               
          ball joints at a plurality of locations in an outboard                      
          steering linkage.  In our view, it would have been obvious to               
          incorporate ball joint 23 of Rockhill for pivot joint 36a in                
          Kuroi for the self-evident advantage of minimizing                          



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