Ex Parte CUMMINGS - Page 5




          Appeal No. 2002-0847                                                         
          Application 09/139,607                                                       


          the arm member and the handle since the accumulator is mounted on            
          the strut, as originally disclosed (specification, page 4; Fig.              
          1).                                                                          


               With the above understanding of claim 1 in mind, it is at               
          once apparent to this panel of the Board that, while the combined            
          teachings of the applied prior art would have motivated one                  
          having ordinary skill in the art to utilize an accumulator with              
          the hydraulic system of Hawkins (Fig. 8; column 5, lines 17                  
          through 24) following the hydraulic system teaching of Hunger                
          (Fig. 6; column 5, lines 37 through 61), those teachings would               
          not have been suggestive of an extendible strut “with” an                    
          accumulator pivotally connected to an arm member and pivotally               
          connectable to a handle, as set forth in claim 1.  Since the                 
          evidence before us does not support a conclusion of obviousness,             
          the rejection of claims 1, 2 through 12, 15 through 18, 20, and              
          21 cannot be sustained.                                                      


               As to the respective obviousness rejections of claims 13 and            
          14 and claim 9, which likewise rely upon the combined teachings              
          of Hawkins and Hunger, with the addition of Livesay and Townsend,            
          we readily perceive that the latter teachings do not overcome the            

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