Ex Parte DENBY et al - Page 4



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

                    cubical one-piece structure having a forwardly opening hitch bar                                                                                      
                    receptacle (36) extending rearwardly from and entirely across a                                                                                       
                    front side thereof, said hitch bar receptacle terminating at a                                                                                        
                    downwardly facing seat (46) elevated above the remainder of said                                                                                      
                    receptacle and being shaped complementary to and receiving said                                                                                       
                    hitch bar.                                                                                                                                            

                    According to the examiner (answer, page 4), Teich discloses                                                                                           
                    a supplementary weight or ballast attachment (24) meeting the                                                                                         
                    requirements of the ballast attachment set forth in appellants'                                                                                       
                    claim 7, except for the fact that the ballast attachment in Teich                                                                                     
                    is formed from three separate weights instead of as a one-piece                                                                                       
                    structure as required in claim 7 on appeal.  Citing "Howard vs.                                                                                       
                    Detroit Stove Works" [sic, Howard vs. Detroit Stone Works, 150 US                                                                                     
                    164 (1893)] for the proposition that forming in one piece an                                                                                          
                    article, which has formerly been formed in two pieces (or three)                                                                                      
                    involves only routine skill in the art, the examiner concludes                                                                                        
                    that it would have been obvious to one of ordinary skill in the                                                                                       
                    art to make the ballast attachment of Teich as a one-piece block                                                                                      
                    as opposed to being made from three separate weights.                                                                                                 



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