Ex parte MCNEILUS et al. - Page 8




               Appeal No. 1999-0711                                                                       Page 8                 
               Application No. 08/876,869                                                                                        


               Matsumoto apparatus so as to offset the charging hopper (the front portion of the truck body                      
               including the chutes) and to provide the bucket path with an arcuate upper portion in view of                     
               the teachings of Horning as it would facilitate maneuvering of the vehicle and emptying of the                    
               bucket (Answer, page 3).                                                                                          
                      The appellants argue (Brief, pages 13-14) that "the basic combination of [Matsumoto                        
               and Horning] cannot properly be applied as suggested to render claim 48 and the remaining                         
               claims depending from it obvious."  For the reasons which follow, we agree with this                              
               statement.                                                                                                        
                      Matsumoto discloses an arrangement wherein the overall width of the truck is reduced                       
               during travel on a highway by providing an inwardly and downwardly slanted channel portion                        
               (82) which enables the bin (84) to be tucked under the truck body.  Horning, on the other                         
               hand, discloses a different arrangement for reducing the overall width of the truck not only                      
               during highway travel but during operation at a collection site, wherein the front section of the                 
               truck body is narrower than the rear section to form a recess in which the bucket assembly is                     
               accommodated throughout at least most of its travel.  The bucket assembly travels from its                        
               lowermost position along a substantially vertical path up to the top of the truck body and then                   
               veers inwardly to assume a dumping position over the top of the truck body.  The guide tracks                     
               do not include "lower segments that are outwardly directed" so as to define "an initially                         
               outward extending path" as required by claim 48.                                                                  









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