Appeal No. 98-0516
Application No. 08/400,328
utilized in areas where there are obstructions above such as
trees (specification, page 3). This is manifested in claim 2
by the requirement that there be a control circuit that
receives a signal indicating the actual position of the arm
that lifts the container-holding fork, a translation circuit
that matches this position to a corresponding desired fork
position, and
an output for outputting a fork position control
signal to said rotating mechanism indicating said
desired fork position, to minimize an overall
maximum height that the portable container achieves
while being lifted and rotated while insuring that
the portable container is sufficiently rotated to
effectuate emptying of its contents into the body
(emphasis added).
The examiner has admitted this is not taught by Edelhoff,
although the Edelhoff forks are fitted with position-
indicating monitors. According to the examiner, however, it
would have been obvious to modify the Edelhoff system so that
it meets the terms of claim 2 in view of the teachings of
Tonsor. We do not agree.
At the outset, it should be noted that Edelhoff is not at
all concerned with keeping to a minimum the height to which
the container is lifted. The focus of the Edelhoff invention
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