Appeal No. 2002-0937 Page 2
Application No. 09/301,985
BACKGROUND
The appellant’s invention relates to mobile loaders such as those used for
loading and unloading freight in the cargo holds of aircraft (specification, page 1).
Claim 1, the sole independent claim, is reproduced in the opinion section of this
decision.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Leon 4,978,272 Dec. 18, 1990
Ihara 5,630,694 May 20, 1997
McGrath et al. (McGrath) 6,071,063 Jun. 6, 20001
Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over
Ihara in view of McGrath or Leon.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the answer
(Paper No. 13) for the examiner's complete reasoning in support of the rejection and to
the brief2 and reply brief (Paper Nos. 12 and 14) for the appellant’s arguments
thereagainst.
OPINION
1 This patent is available as prior art as of January 3, 1997 under 35 U.S.C. § 102(e).
2 Appellant’s brief is not in compliance with 37 CFR § 1.192(c)(7) in that it does not include, under
an appropriate heading, a grouping of claims. Nonetheless, in the interest of administrative efficiency, we
have decided the appeal on the basis of appellant’s arguments.
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