Ex Parte DENBY et al - Page 2



                    Appeal No. 2002-0251                                                                                                                                  
                    Application No. 09/220,170                                                                                                                            

                    As noted on page 1 of the specification, appellants'                                                                                                  
                    invention relates to tractor ballast and, more specifically,                                                                                          
                    relates to ballast boxes for attachment to tractor three-point                                                                                        
                    hitches.  Independent claim 7 is representative of the subject                                                                                        
                    matter on appeal and a copy of that claim can be found in the                                                                                         
                    Appendix to appellants' brief.                                                                                                                        

                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claims are:                                                                                                        
                    Nau et al. (Nau)                                 4,537,423                                         Aug. 27, 1985                                      
                    Teich                                            5,690,359                                         Nov. 25, 1997                                      
                    Claim 7 stands rejected under 35 U.S.C. § 103(a) as being                                                                                             
                    unpatentable over Teich.                                                                                                                              

                    Claims 9 and 14 stand rejected under 35 U.S.C. § 103(a) as                                                                                            
                    being unpatentable over Teich in view of Nau.                                                                                                         

                    Rather than reiterate the examiner's explanation of the                                                                                               
                    above-noted rejections and the conflicting viewpoints advanced by                                                                                     
                    the examiner and appellants regarding those rejections, we make                                                                                       
                    reference to the examiner's answer (Paper No. 13, mailed August                                                                                       
                    14, 2001) for the examiner's reasoning in support of the                                                                                              
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