Ex Parte Franet et al - Page 5



         Appeal No. 2004-0864                                                       
         Application No. 09/850,924                                                 


         than this zone when the mounting frame 30 is in a raised, non-             
         working position, as depicted in Figure 2.                                 
              Although appellants have amended original claim 8 by                  
         removing the term “entirely”, the amended claim still requires             
         conveyor arrangement 32 be located within a zone between the               
         ground wheels and the rear portion of the mounting frame when the          
         mounting frame is in the working position (Figure 1).                      
              Upon our review of the entire record, we determine that               
         conveying arrangement 32 is within the aforementioned zone.                
         When the mounting frame 30 is in its working position (Figure 1),          
         it is accurate to say that the mounting frame 30 is within the             
         zone bounded at its front side by ground wheels 16, and at a rear          
         side by a rear portion 34 of the mounting frame.                           
              It is noteworthy to point out that the zone itself has not            
         changed by the amendment made by appellants, i.e., the zone still          
         is between ground wheels 16 and rear portion 34.   The amendment           
         simply expresses that the conveying arrangement 32 is within this          
         zone.                                                                      
              We therefore conclude that amended claim 8 is supported by            
         the original disclosure.                                                   
              In view of the above, we reverse the 35 U.S.C. § 112, first           
         paragraph (written description), rejection of claims 8 through             
         10.                                                                        






         II. The 35 U.S.C. § 102(b) rejection of claims 1 through 3                 
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