Ex Parte Kagen - Page 5




          Appeal No. 2004-0890                                                        
          Application No. 09/754,291                                 Page 5           


               Turning to the examiner’s rejections of representative claim           
          1, appellant does not dispute the examiner’s determination that             
          the snow plow of each of Mason and Carlson includes structure               
          corresponding to the claimed wedge-shaped blade having a hinge              
          and a handle attached to a rear side of the blade. The examiner             
          additionally relies on Clements and Kim as teaching the use of a            
          heating element with an ice scraper which, according to the                 
          examiner, would have suggested the attachment of a heating                  
          element to the snow plows of either Mason or Carlson to result in           
          a structure encompassed by representative claim 1.                          
               It follows that the dispositive issues before us are: (1)              
          whether the combined teachings of Mason, Clements and Kim would             
          have led one of ordinary skill in the art to add a heating                  
          element to the snow plow of Mason in a manner so as to arrive at            
          a snow plow embraced by representative claim 1; and (2) whether             
          the combined teachings of Carlson, Clements and Kim would have              
          led one of ordinary skill in the art to add a heating element to            
          the snow plow of Carlson in a manner such that such heating                 
          element addition results in a snow plow corresponding to a snow             
          plow embraced by representative claim 1?  We answer those                   
          questions in the affirmative.                                               









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