Appeal No. 2006-0975
Application No. 10/079,792
We will not sustain this rejection. Claim 1 recites an improved slopeboard which
includes:
. . .a solid member attached to the framework, said
solid member having a first end, the inner pivotal mounting
integrally formed as an aperture within the solid member
near the first end, a second end, and the outer pivotal
mounting integrally formed as an aperture within the solid
member near the second end.
In the examiner’s view, the elements 2, 3 and 4 form the framework and the solid
member is the area immediately above the reference numeral 2. We assume that the
examiner is referring to the cylinder mount 10 which is depicted above reference
numeral 2 in Yoder’s Figure 2. Cylinder mount 10 is attached to element 2 and has an
aperture therein through which a pin 13 is disposed to pivotally mount the hydraulic
means (col. 3, lines 33 to 41). This aperture may be considered to be formed at an
outer end of the slopeboard. However, even assuming that examiner is correct that the
elements 2, 3 and 4 form a framework and that cylinder mount 10 is a solid member,
cylinder mount 10 does not include an aperture near an inner end.
As the cylinder mount 10 and associated hardware does not include two
apertures, one at the outer end and one at the inner end, as required by claim 1, we will
not sustain this rejection as it is directed to claim 1 and claim 2 dependent thereon.
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