Appeal No. 2004-2346 Page 7
Application No. 09/876,519
of a vehicle, such as an agricultural vehicle, to protect the vehicle operator from dust
and mist encountered in, for example, pesticide spraying operations. The ventilator unit
includes a casing 20 in which are housed a plurality of filter devices 40-44. The casing
20 is provided with a removable panel section 36 to facilitate the removal of filter
devices 40-44 (column 2, lines 20-26). Like appellants, we find no suggestion in the
teaching of such an access panel for the removal and replacement of filter devices to
provide an access panel in the air dam housing of Staser to provide access to any of
the components therein. Accordingly, we shall not sustain this rejection.
Claims 9, 10, 12 and 13 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Staser in view of Rich. Staser discloses an electrical motor 62 and
motor controller 76 housed within the air dam 54 but does not disclose the motor having
electrical leads extending through a hole in the housing and an opening in the vehicle
roof, as called for in claim 9. Rich discloses an automotive roof spoiler having
retractable lamps, with a motor 36 housed within the body portion 22 thereof and a line
39 illustrated schematically leading from the motor to a switch 38 in the passenger
compartment of the vehicle. It is the examiner’s position that it would have been
obvious to provide in Staser’s assembly an opening in the roof aligned with the bottom
hole in the housing (air dam 54), which the examiner submits is illustrated in Figure 2 of
Staser, in order to pass an electrical lead as taught by Rich to either the motor controller
76 or the motor 62 (answer, page 6).
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