Ex parte BOYD - Page 2




              Appeal No. 2001-2329                                                                      Page 2                 
              Application No. 09/252,761                                                                                       


                                                      BACKGROUND                                                               
                      The appellant's invention relates to a blasthole drill operator's cab, and more                          
              particularly, to how the various consoles are positioned in the cab (specification, p. 1).  A                    
              substantially correct copy of the claims under appeal is set forth in the appendix to the                        
                                 2                                                                                             
              appellant's brief.                                                                                               


                      The prior art references of record relied upon by the examiner in rejecting the                          
              appealed claims are:                                                                                             
              Wilderman                             3,734,210                            May 22, 1973                          
              Dunn et al. (Dunn)                    4,026,379                            May 31, 1977                          
              Brown et al. (Brown)          4,124,246                             Nov. 7, 1978                                 



                      Claims 1, 2 and 5 to 7 stand rejected under 35 U.S.C. § 103 as being unpatentable                        
              over Wilderman in view of Brown.                                                                                 


                      Claims 3 and 8 to 11 stand rejected under 35 U.S.C. § 103 as being unpatentable                          
              over Wilderman in view of Brown and Dunn.                                                                        





                      2Minor errors in claims 7 and 9 are set forth on page 4 of the examiner's answer.                        







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