Appeal No. 2000-0913
Application No. 09/067,123
(f) claim 19, under 35 U.S.C. § 103, as being
unpatentable over Niebuhr in view of Busch and Cameron; and
(g) claim 20, under 35 U.S.C. § 103, as being
unpatentable over Niebuhr in view of Cameron.
Reference is made to appellants’ brief (Paper No. 10) and
to the examiner’s final rejection and answer (Paper Nos. 8 and
11) for the respective views of appellants and the examiner
with respect to the merits of these rejections.
Rejection (a)
The limitation of claim 1 argued by appellants as
distinguishing over Niebuhr is the requirement of claim 1 that
“at least one of an industrial truck operational control
element and an industrial truck operational status display
element [being] located on the [driver restraint] bar.”
The essence of the examiner’s anticipation rejection is
that restraint bar release buttons 44, 46 mounted on Niebuhr’s
restraint arms 20, 22, respectively, constitute “an industrial
truck operational control element.”
Niebuhr pertains to a restraining device for the driver’s
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