Ex parte MCNEILUS et al. - Page 7




               Appeal No. 1999-0711                                                                       Page 7                 
               Application No. 08/876,869                                                                                        


                      Ratledge discloses an apparatus for collecting separated refuse material comprising a                      
               refuse receiving container (12) divided into upper and lower compartments and a refuse-                           
               receiving trough (50) which is lifted from its curbside position and tipped by a lifting means                    
               (60) to dump trash into upper loading openings (25, 26) of the container.  The lifting means                      
               comprises a pair of lift cylinders (62) pivotally mounted to each side of a roof (28) overlying                   
               the openings (25, 26).  The roof, in turn, is connected to the trough (50) via a connecting link                  
               (66) such that, upon actuation of the cylinders, the trough is elevated.                                          
                      Stragier discloses a refuse collection truck comprising a storage compartment (13), a                      
               narrower loading compartment (17) and a vertical rail assembly (37) for guiding an apparatus                      
               (29) having a pair of arms (31, 33) designed to engage and lift refuse containers (27).  The                      
               upper portion of the side wall of the loading compartment (17) facing the rail assembly is                        
               outwardly flared, as seen in Figures 1 and 4a-8a.                                                                 
                      In rejecting claims 48, 49, 52 and 53, the examiner finds that Matsumoto, the jumping                      
               off point for the examiner's conclusion of obviousness, lacks a charging hopper having an                         
               offset side recessed a sufficient amount to accommodate the full width of the loading bucket (bin                 
               84)  and the path of the bucket having "an arcuate upper dumping portion" as required by the3                                                                                                              

               claims.  However, according to the examiner, it would have been obvious to modify the                             


                      3While the side (28) of the truck body (22) of Matsumoto is formed at the front thereof with an inset (39),
               the inset accommodates only the hoisting apparatus and not the full width of the bin.  As seen, for example, in Figure
               7, the bin (84) extends outwardly beyond the maximum width of the truck body (22) even when tucked under the truck
               body.                                                                                                             







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