Ex Parte STRUCK et al - Page 7




              Appeal No. 2002-0312                                                                  Page 7                
              Application No. 08/953,922                                                                                  


                     Absent evidence to the contrary, which has not been presented, the Hydra-scoop                       
              snow plow blade is operated from inside the vehicle cab by means of a hard-wired                            
              control system.  There is no explicit disclosure in either reference of controlling a snow                  
              plow blade with a wireless remote control and receiver.  It is significant that the problem                 
              to which the appellants have directed their inventive efforts, that of simplifying                          
              installation and removal of a plow blade from a vehicle, has not been recognized in                         
              either of the references.  There is no explicit disclosure in Hydra-scoop or in Cummins                     
              of a snow blade that can be raised, lowered and pivoted, and the examiner has                               
              adduced no evidence that the claimed blade movements would have been inherent to                            
              the blades disclosed in either of the references or would have been considered by the                       
              artisan to be well-known.  Nor does either reference disclose that the blade is mounted                     
              on a carriage that is removably connected to the front of the vehicle and upon which the                    
              adjusting mechanism is mounted.  Considering these factors, we arrive at two                                
              conclusions.  The first is that we fail to perceive any teaching, suggestion or incentive                   
              which would have led one of ordinary skill in the art to modify the Hydra-scoop snow                        
              plow by installing a wireless remote control to operate the snow plow blade.  The                           
              second is that even if the references were combined, the result would not be the                            
              claimed structure, for some elements clearly are not disclosed or taught in the applied                     
              references.                                                                                                 









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