Ex Parte Smith - Page 4




              Appeal No. 2004-0072                                                                  Page 4                
              Application No. 09/904,341                                                                                  


              See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988) and In re                         
              Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).                                                


                     Claim 1, the only independent claim on appeal, reads as follows:                                     
                            An anti theft device for a trailer which is adapted to be towed by a vehicle                  
                     comprising a pre-existing bracket attached to a side of the trailer [,] the bracket                  
                     having a[n] opening whose length extends parallel to the longitudinal direction of                   
                     the trailer and whose width is transverse thereto, a cylindrical pipe flattened at                   
                     one end thereof such that the flattened end is adapted to be received in the                         
                     bracket, the diameter of the cylindrical portion of the pipe exceeding the width of                  
                     the opening in the bracket, the pipe when received in the bracket and disposed                       
                     in a vertical relationship being adapted to lift the trailer slightly above the ground               
                     and the bottom of the bracket being in contact with the cylindrical portion of the                   
                     pipe below the flattened end thereof.                                                                


                     Knutson's invention relates to a device which is attachable to the tail section of a                 
              snowmobile to lock the snowmobile in an elevated position of rest to prevent theft of the                   
              snowmobile.  As shown in Figures 1-5, Knutson's anti-theft device 10 includes (1) a                         
              U-shaped frame 18 attached to the tail section 14 of the snowmobile 12; (2) a hollow                        
              sleeve 32 extending vertically from the U-shaped frame; and (3) a vertically extending                      
              lift bar 64 slidably mounted in the hollow sleeve 32.  The lift bar 64 includes a groove 68                 
              defined in one side which is alignable with opposed openings 80 in the hollow sleeve 32                     
              to receive a lock 82 so as to lock the lift bar in position with the tail section of the                    
              snowmobile elevated.                                                                                        








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