Appeal 2007-1787
Application 10/742,187
reached” (Id.). The Examiner found that (1) the machinery of Bounds and
Anderson were both related to the problem of article or aggregate dispensing
(Answer 6); and (2) the hopper doors of Bounds are automatically opened and
closed by a signal from a remote control, therefore it would have obvious to one of
ordinary skill in art to replace the remote control of Bounds with the GPS
controller of Anderson (Answer 4-5). The issue before us is whether Appellants
have shown that the Examiner erred in rejecting claims 13-15 as unpatentable over
Bounds and Anderson.
FINDINGS OF FACT
The relevant facts include the following:
1. The customary definition of ballast is gravel or broken stone laid in a
railroad bed or used in making concrete. Merriam-Webster’s Collegiate
Dictionary 94 (11th ed. 2005).
2. Appellants’ Specification does not explicitly define the term ballast.
However, Appellants do incorporate by reference the disclosure of U.S. Patent No.
5,657,700, i.e., Bounds (see Specification 7:16-18), which states that railroad
ballast usually comprises fine gravel, cinders, or the like (Bounds, col. 5, ll. 37-38).
3. The customary definition of aggregate includes any of several hard
inert materials (as sand, gravel, or slag) used for mixing with a cementing material
to form concrete, mortar, or plaster. Merriam-Webster’s Collegiate Dictionary 24
(11th ed. 2005).
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