Ex Parte Koehn - Page 6

                Appeal 2007-0788                                                                              
                Application 10/434,804                                                      6                 
                mechanism 66 from the locked to the unlocked position and (4) lift the front                  
                of the deck (Esau, col. 8, ll. 29-65).                                                        
                      Esau discloses a hook end 162 that can be positioned in any suitable                    
                aperture or ledge of tractor 24 to secure the mower deck 20 in the                            
                storage/servicing position.  Hook end 162 is not automatically positioned to                  
                secure the mower deck in the storage/servicing position.                                      

                                                ANALYSIS                                                      
                      Esau discloses that the means which includes a height adjustment                        
                lever permits movement of the mower deck from a use position to a                             
                storage/servicing position.  In this regard, the term “permitted” as recited in               
                claim 2 is interpreted to allow additional steps between the collapsing of the                
                height adjustment lever and the movement of the deck.  Therefore, Esau                        
                discloses each and every element of claim 2.                                                  
                      However, as Esau does not disclose a means which includes a height                      
                adjustment lever that prevents movement of the mower deck from a use                          
                position toward the storage/servicing position when the height adjustment                     
                lever is in an upright position, Esau does not disclose the subject matter                    
                recited in claims 3, 5, 26-30 and 32 and dependent claims 6-9, 11, and 12.                    
                Esau likewise does not disclose means for selectively permitting and                          
                prohibiting movement of the deck from a use position to a storage/servicing                   
                position in one step or in less than four steps and therefore does not disclose               
                the subject matter of claims 13 and 14 respectively.  In addition, as Esau                    
                does not describe a means which automatically locks the mower deck in the                     
                storage/servicing position, Esau does not disclose the subject matter of                      
                claims 17 and claims 18 and 19 dependent thereon.  Esau does not disclose a                   
                height adjustment arm which automatically alters its length as the deck is                    




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