Ex parte FORSBERG - Page 3




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

               tubular boom section of an extendible crane boom,                      
               the tubular boom section comprising a tube (1)                         
               having an inner end and an outer end, a holder (14),                   
               and a double acting cylinder being attachable to the                   
               holder, the coupling comprising a first member (16),                   
               a second member (15), and means comprising a                           
               plurality of screws for coupling together these                        
               members.  Harsch varies from the claims by not                         
               having the first and second members shaped as part-                    
               spherical male and female members.  Figure 3 of DE                     
               '601 [the German publication] shows a similar screw                    
               connection for a hydraulic cylinder with male and                      
               female part-spherical members which permit the                         
               members to be bolted together in various angular                       
               alignments.  It would have been obvious to one of                      
               ordinary skill in the art to modify the hydraulic                      
               cylinder mounting of Harsch by forming the first                       
               member (16) as a part-spherical male member, and the                   
               second member (15) as a part-spherical female                          
               member, to permit the orientation of the cylinder to                   
               assume various fixed alignments for small angular                      
               adjustments, as taught by DE '601.  [Answer, page                      
               3.]                                                                    
               We will not support the examiner's position.  While                    
          Harsch teaches a coupling for use with a tubular boom section               
          of an extendible crane boom, Harsch's coupling (as the                      
          examiner recognizes) comprises first and second plates 15,16                
          that are attached together by a plurality of screws, with no                
          adjustment whatsoever being provided between the plates.  In                
          an attempt to overcome the deficiencies of Harsch, the                      
          examiner has relied upon the German publication, contending                 
          that it would have been obvious to provide Harsch with a                    

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