Ex Parte GEARHART - Page 5



          Appeal No. 2002-0331                                                        
          Application No. 09/382,735                                                  

               The examiner is of the opinion that there is no support in             
          the original specification for the following claim 9 limitation;            
          “thereby maintaining the axle of the trailer-pulling unit, and              
          the axles of the trailer in parallel when the member is engaged.”           

               We fully appreciate the examiner’s point of view as clearly            
          expressed in the final rejection and the answer.  However, a                
          consideration of the entirety of appellant’s original disclosure            
          indicates to us that there is descriptive support for the                   
          limitation at issue in claim 9.                                             

               Clearly, appellant has disclosed in the specification (page            
          3), and depicted in the single drawing figure, an arrangement for           
          locking a trailer in a non-articulated position while allowing a            
          king-pin plate to continue pivoting.  Appellant’s arrangement is            
          intended to overcome the problem that occurs when a rig backs up,           
          as discussed in the background of the invention section of the              
          specification (page 1).  One or more powered locking members                
          engage one or more apertures (specification, pages 3 and 4).  The           
          aperture is preferably oval shaped to allow for unimpeded                   
          pivoting of the trailer attached to the king-pin plate while the            
          locking member is engaged within the aperture (specification,               
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