Ex parte JORDAN et al. - Page 4




              Appeal No. 2001-0304                                                               Page 4                
              Application No. 09/168,358                                                                               


              embodiment, mast centralization is performed in relation to the ground, in contrast to the               
              VM-2, VM-2C, VM-1U and VM-1UC embodiments wherein the mast centralization is                             
              performed in relation to the truck chassis.  Auramo teaches that the VM-2U and VM-2UC                    
              models are capable of positioning the mast vertically “in relation to the ground, even when              
              the lift truck itself is inclined” (page 4), and that these models “also compensate for the              
              change in the truck position caused by soft tires from heavy loads” (page 4).  Although                  
              Auramo uses the terminology “true vertical,” it is apparent from the teachings of Auramo as              
              a whole that the mast inclination sensors and centralization system are ground-referenced                
              (in the VM-2U and VM-2UC models) or truck chassis-referenced (in the other models) and                   
              are not “gravity-referenced” to determine whether the load is tilted “relative to gravity” as            
              alleged by the examiner on page 3 of the final rejection and on page 3 of the answer.  In                
              this regard, we also note that the tilt sensor 78 of Nilsson senses the position of a point on           
              the lift stand 24 in relation to the truck for conversion to a measurement of the angle to               
              which the stand 24 is tilted in relation to the truck (page 4).  As such, Nilsson also fails to          
              disclose a “gravity-referenced” sensor as called for in appellants’ claim 20 and thus does               
              not cure the above-noted deficiency of Auramo.                                                           

                     Moreover, for the reasons discussed infra, we agree with appellants that Nilsson                  

              lacks a teaching of “a load-lowering sensor operable to determine whether or not said load               
              is being lowered by said lifting mechanism,” a limitation of claim 20 which the examiner                 









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