Appeal No. 2000-2022
Application No. 08/888,663
It is unnecessary to discuss all the references applied
by the examiner; rather, we will concentrate on Shaver, which
the examiner cited as evidence that it would have been obvious
to provide a lateral and forward adjustment assembly (i.e.,
the above-quoted means-plus-function element of claims 6, 9
and 10) on the apparatus of Burenga or Horn. Appellants argue
to the effect that modification of the Burenga or Horn
apparatus in view of Shaver would not result in a device
meeting the means-plus-function element of the claims because
the apparatus disclosed by Shaver does not allow lateral and
forward adjustment of the carriage and post driver
"approximately generally parallel to the ground" or "generally
parallel to the ground," as claimed, but rather provides
angular adjustment.
Shaver discloses apparatus for adjusting the position of
a tractor-mounted post driver relative to the ground.
Apparatus is carried by a base plate 20 attached to the
tractor, such that when crank 38 is turned, the channel 30
which is attached to the driver is tilted rearwardly and
forwardly about pin 32, and when crank 44 is turned, channel
30 is tilted laterally about the axis of tube 28 (col. 2,
6
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