Appeal No. 2000-1488 Page 5
Application No. 08/826,832
claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the
examiner. As a consequence of our review, we make the
determinations which follow.
The 35 U.S.C. § 103 rejections utilizing Eid
Claims 1, 2, 5 and 10
We will not sustain the rejection of claims 1, 2, 5 and
10 under 35 U.S.C. § 103 as being unpatentable over Eid in
view of Brocklebank.
Independent claim 1 reads as follows:
A removable counterbalance assembly for use in
construction equipment, the counterbalance assembly
comprising:
a bottom panel attachable adjacent an aft end of the
construction equipment;
an enclosure including a side wall having a lower
portion positionable in fixed relation to the bottom
panel, the bottom panel and the side wall defining a
receiving aperture ; and [1]
a counterweight adapted to be received in the
receiving aperture.
1It appears to us that the recited bottom panel and side
wall by themselves are insufficient to define an "aperture."
Accordingly, we view the phrase "receiving aperture" as
meaning receiving space or area.
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