Ex parte FORSBERG - Page 2




                 Appeal No. 98-2163                                                                                                                     
                 Application No. 08/537,673                                                                                                             

                 in the application.                                                                                                                    
                          We REVERSE.                                                                                                                   
                          The appellant's invention pertains to a coupling for use                                                                      
                 with a tubular boom section of an extendible crane boom.                                                                               
                 Independent claim 18 is further illustrative of the appealed                                                                           
                 subject matter and a copy thereof may be found in APPENDIX A                                                                           
                 of the brief.                                                                                                                          
                          The references relied on by the examiner are:                                                                                 
                 Harsch                                       2,666,417                                             Jan. 19,                            
                 1954                                                                                                                                   
                 Fischer                                      1 556 601                                             Mar.  5,                            
                 1970                                                                                                                                   
                 (Germany)2                                                                                                                             
                          Claims 2-18 and 21-23 stand rejected under 35 U.S.C.                                                                          
                 § 103(a) as being unpatentable over Harsch in view of the                                                                              
                 German publication.   According to the examiner:3                                                                                                    
                          Figure 6 of Harsch shows a coupling for use with a                                                                            

                          2A translation is attached to this decision.                                                                                  
                          3Although the metes and bounds of the claimed subject                                                                         
                 matter are understandable, we note that the recitation of                                                                              
                 "said outer end of said double-acting hydraulic cylinder"                                                                              
                 (emphasis ours) in (1) lines 8 and 9 of claims 21 and 23 and                                                                           
                 (2) lines 10 and 11 of claim 22 has no clear antecedent basis.                                                                         
                 In the event of further prosecution before the examiner, this                                                                          
                 informality is deserving of correction.                                                                                                
                                                                           2                                                                            





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007