Ex Parte Kagen - Page 8




          Appeal No. 2004-0890                                                        
          Application No. 09/754,291                                 Page 8           


          would be recognized as being most likely to be of assistance to a           
          user of a snow plow.  For example, in arguing against the                   
          combination with the Carlson snow plow, appellant maintains that            
          removal of the scraper bar (32) of Carlson, which is secured to             
          the bottom edge of the plow, would be necessary and contrary to             
          the teachings of Carlson since Carlson employs that scraper bar             
          to assist “in cleaning snow from a surface.”  However, contrary             
          to appellant’s viewpoint, it is our opinion that one of ordinary            
          skill in the art would have recognized at the time of the                   
          invention that the removable scraper bar (32) of Carlson is                 
          precisely the location where a heating element would have been              
          located.  Indeed, the collapsible and storable snow plow of                 
          Carlson or at least the detachable scraper bar thereof is clearly           
          capable of being stored in a garage or other structure which                
          reasonably would have been maintained at a temperature greater              
          than the snow to be cleared.  As such, the scraper bar (32) of              
          Carlson would be embraced by the claimed heating element required           
          by representative claim 1 since no particular type or structure             
          for the heating element is specified in that representative                 
          claim.  In other words stored heat in such a scraper bar would              
          result in the scraper bar being a heating element as broadly                
          claimed.  Moreover, in light of the teachings of the secondary              







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