Appeal No. 1999-0281 Page 10
Application No. 08/629,727
U.S. Patent Number 5,599,033. Thus, the Jacobs 37 CFR §5
1.132 declaration fails to remove Kolbus as a reference.
With regard to claims 2, 11 and 15, the appellants argue
(brief, p. 9) that
none of the references (including Kolbus) disclose a
substantially horizontal yoke portion extending between
and attached to the trailer attachment end and the
flexible hitch. The yoke 144 of Kolbus is not
substantially horizontal over its extent from the trailer
attachment end 48 to the hitch 154.
We agree with the appellants that Kolbus does not
disclose a substantially horizontal yoke portion extending
between and attached to the trailer attachment end and the
flexible hitch. However, it is our determination that Galasso
discloses a hitch having a substantially horizontal yoke
535 U.S.C. § 112 requires that the specification describe
the invention and that the specification conclude with one or
more claims particularly pointing out and distinctly claiming
the subject matter which the applicant regards as the
invention.
Under 35 U.S.C. § 116, a joint application for a patent
is required if the invention was made "by two or more persons
jointly." The inventors named in an issued patent are
presumed to be correct. Canon Computer Systems Inc. v. Nu-
Kote International Inc., 134 F.3d 1085, 1088, 45 USPQ2d 1355,
1358-59 (Fed. Cir. 1998).
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