Appeal No. 2000-1488 Page 9
Application No. 08/826,832
guide path for the movable counterweight 20a, contained within
a housing 20 of the upper body part mounted on the base frame
14. Also mounted on the base frame 14 on one side thereof is
an operator's cab 21 and superstructure 22, which
superstructure 22 provides a space 22a for components such as
valves and the like of a hydraulic system of the machine. The
engine 13 is housed in another superstructure 13a on the
opposite side of the machine to the cab 21 and superstructure
22. Additionally, a hydraulic reservoir may be positioned in
a space 22b located on the opposite side of the machine to the
cab 21 and superstructure 22.
After the scope and content of the prior art are
determined, the differences between the prior art and the
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966). Implicit in
this rejection (answer, p. 3) is the examiner's view that Eid
lacks the enclosure as recited in claim 1 and the two
enclosures as recited in claim 2 since the examiner determined
(answer, p. 3) that it would have been obvious at the time the
invention was made to a person having ordinary skill in the
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