Appeal No. 1999-2094 Page 12
Application No. 08/517,198
towards the transport position regardless of where the carrier
or leg is positioned. However, it is our opinion that claim
14 only requires urging in the direction towards the transport
position. In that regard, claim 14 is silent as to which
direction, if any, the leg is urged prior to the leg passing
the first predetermined angle above the unloading position.
Accordingly, it is our determination that claim 14 is readable
on the modified carrier of Mottino provided with resilient
means as shown by Vanzant and Will for allowing easier
movement of the carrier from the unloading position to the
transport position.
The appellant's arguments set forth in the brief are
unpersuasive for the following reasons. First, as set forth
above, the applied prior art would have made it obvious at the
time the invention was made to a person having ordinary skill
in the art to arrive at the claimed invention. Second,
contrary to the appellant's assertions (brief, p. 10), Mottino
clearly does teach the at least one pivotally mounted leg as
recited in claim 14 (see Mottino's tube 1) and the at least
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007