Ex parte GINN et al. - Page 5




                 Appeal No. 2000-1841                                                                                                                   
                 Application 09/016,738                                                                                                                 


                 34, these elements being related as shown in Figure 1.  The                                                                            
                 examiner (see page 4 in the answer) concedes that this                                                                                 
                 assembly does not respond to the limitations in independent                                                                            
                 claims 1 and 9 requiring (1) the lift arm to be a “box-boom                                                                            
                 lift arm”  having   first and second extensions spaced apart1                                                                                                                     
                 to define a first lever space therebetween and (2) the rear                                                                            
                 tilt lever to extend through the first lever space.  In                                                                                
                 contrast, Shook’s link arm consists of                                                                                                 
                 bar-like link arms 14 and Shook’s rear tilt lever consists of                                                                          
                 crank arms 29 disposed outwardly of the link arms 14.                                                                                  
                          Brown discloses an earth-working device composed of a                                                                         
                 forked dipper arm 10, an earth-working implement 11, and                                                                               
                 linkage 12.  As described in the reference, and shown in                                                                               
                 Figure 1,                                                                                                                              




                          1The appellants’ specification (page 13) defines the term                                                                     
                 “box boom lift arm” as meaning                                                                                                         
                          a lift arm assembly fabricated from a number of                                                                               
                          metal plates such that the lift arm assembly has (i)                                                                          
                          a generally hollow interior and (ii) the structure                                                                            
                          of the lift arm assembly has a generally rectangular                                                                          
                          shaped transverse cross section which extends for a                                                                           
                          substantial distance along the length of the lift                                                                             
                          arm assembly.                                                                                                                 
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