Ex Parte Mason - Page 2



                    Appeal No. 2002-0234                                                                                                                                  
                    Application No. 09/496,087                                                                                                                            

                    of a conventional tractor which mechanism includes a wheeled                                                                                          
                    frame means positioned forwardly of the tractor to which the                                                                                          
                    weight carried by the forklift maybe transferred.  A copy of                                                                                          
                    claims 1 through 4 on appeal may be found in the Appendix to                                                                                          
                    appellant's brief.                                                                                                                                    

                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claims are:                                                                                                        
                    Ferris                                           4,079,798                                         Mar. 21, 1978                                      
                    Granlind et al.                                  4,424,872                                         Jan. 10, 1984                                      
                    (Granlind)                                                                                                                                            
                    Smith et al. (Smith)                             5,823,629                                         Oct. 20, 1998                                      

                    Claims 1 through 4 stand rejected under 35 U.S.C. § 112,                                                                                              
                    second paragraph, as being indefinite for failing to particularly                                                                                     
                    point out and distinctly claim the subject matter which appellant                                                                                     
                    regards as his invention.                                                                                                                             

                    Claims 1 through 4 additionally stand rejected under                                                                                                  
                    35 U.S.C. § 103(a) as being unpatentable over Granlind in view of                                                                                     
                    Smith or Ferris.                                                                                                                                      



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