Ex parte PRATT et al. - Page 8




                     Appeal No. 1999-0616                                                                                                                                              
                     Application 08/443,152                                                                                                                                            


                     1967).  The examiner’s failure to advance any factual basis                                                                                                       
                     whatsoever to support his conclusion that it would have been                                                                                                      
                     obvious to rearrange certain parts of Moser to arrive at the                                                                                                      
                     combination set forth in appellants’ claims constitutes a                                                                                                         
                     first reason necessitating reversal of the standing § 103                                                                                                         
                     rejection of claim 1.                                                                                                                                             
                                Furthermore, the Moser reference is ambiguous.  In this                                                                                                
                     regard, the specification of Moser describes the bearing means                                                                                                    
                     38 as being connected to the bucket and having a centrally                                                                                                        
                     located bore for accepting the retaining pin 40 in a pivotal                                                                                                      
                     relationship                                                                                                                                                      
                     (column 2, line 21-24).  One would reasonably infer from this                                                                                                     
                     that the retaining pin is secured to the bracket 20 and that                                                                                                      
                     the bearing means is secured to the bucket 32.   However,                                          3                                                              
                     Figure 1 appears to show the retaining pin as being secured at                                                                                                    
                     its right hand end to the bucket, extending through an                                                                                                            
                     unidentified bore in the bracket 20, and being retained on the                                                                                                    


                                3This inference is buttressed by claim 1 of Moser, which                                                                                               
                     expressly calls for “bearing means secured to the bucket and                                                                                                      
                     defining a bore, and a retaining pin member secured to the                                                                                                        
                     bracket and accepted in said bore” (emphasis added).                                                                                                              
                                                                                          8                                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007