Appeal No. 2000-2116 Page 5
Application No. 09/246,460
feedgate for regulating the flow through the rear opening. The feedgate is required to be
rotatably mounted in a fixed axis lying at least closely adjacent to the plane of the base of
the receptacle, and to be movable between a closed position substantially preventing
material from passing through the opening, a regulation position substantially controlling
the flow through the opening, and a non-regulation position allowing material to flow
substantially freely through the opening.
The examiner has taken the position that all of the subject matter recited in
independent claim 76 is disclosed by Tobias, except for the rotatable mounting of the
feedgate and the particular operating positions between which the feedgate moves.
However, it is the examiner’s opinion that in view of the teachings of Park it would have
been obvious to modify the Tobias apparatus so that it conformed to the requirements of
the claim because “[t]hat the feedgate conventionally rotate[s] about a fixed axis would
have been obvious to one skilled in the art” and “it would have been obvious to have
substituted conventional plural positions of the tailgate, if desired” (Answer, page 3).
The Tobias mechanism includes a trough 10 within which is a screw conveyor 44
mounted on the base of a receptacle (truck body). A feedgate 58 is installed in the rear
opening of the receptacle, and it moves in a linear path to control, at least to a certain
extent, the flow of material carried by the screw conveyor through the opening. As can
plainly be seen in the drawings, the screw conveyor shaft 16 extends through the opening
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