Ex Parte Zechbauer - Page 10




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

          tractor.  The ramp includes a flared apron 22 mounted to the                
          vehicle via a toggle arm arrangement 28, 29, having a lever 33              
          which, when contacted by a shoulder 14 adjacent the loop 13,                
          causes the toggle arm arrangement to move from an over-center               
          condition supporting the apron 22 in an upright inclined                    
          orientation (see Figure 2) to a collapsed folded condition                  
          allowing the apron to give way such that the loop 13 drops over             
          the hook fitting 15 (see Figure 3).                                         
               Likening Allard’s lever 33 to a support arm, the examiner              
          concludes that it would have been obvious in view of Allard to              
          modify the hitch structure disclosed by Schrum such that pivoting           
          of the support arm (release arm 24) from a rest position to a               
          support position causes the support arm to contact the ramp (flat           
          base plate 32) and move the ramp from a rest position to a                  
          support position, “in order to provide a means to move the ramp             
          from its rest position to its support position in a single                  
          maneuver” (final rejection, page 7).  Allard’s lever 33, however,           
          has little, if any, practical relevance to Schrum’s release arm             
          24, and would not have furnished the artisan with any motivation            
          or suggestion, let alone the one advanced by the examiner, to               
          modify the Schrum system so as to arrive at an assembly meeting             
          the subject limitations in claim 32.                                        


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