Ex Parte Zechbauer - Page 9




          Appeal No. 2003-1653                                                        
          Application No. 09/828,102                                                  

          structure does meet the claim limitation requiring the ramp,                
          support arm and frame to be configured and arranged such that the           
          frame and trailer hitch rest upon the vehicle hitch prior to                
          pivoting of the ramp and support arm from the support position to           
          the rest position, “at least indirectly through the hitch guide             
          10” (final rejection, page 6).  As persuasively argued by the               
          appellant, this finding rests on an unreasonable interpretation             
          of the claim language at issue.                                             
               In view of the foregoing, we shall not sustain the standing            
          35 U.S.C. § 103(a) rejection of independent claims 19 and 25, and           
          dependent claims 20 through 24 and 26 through 31, as being                  
          unpatentable over Schrum.                                                   
               With regard to independent claim 32, the examiner                      
          acknowledges that Schrum does not meet the claim limitations                
          requiring the ramp and support arm to be configured and arranged            
          such that pivoting of the support arm from a rest position to a             
          support position causes the support arm to contact the ramp and             
          move the ramp from a rest position to a support position.  To               
          overcome this deficiency, the examiner cites Allard.                        
               Allard discloses a tractor-trailer hitching mechanism                  
          comprising a ramp over which an eye-forming loop 13 on the                  
          trailer rides to a position above a hook fitting 15 on the                  


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