Ex Parte GEARHART - Page 6



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

          page 4).  Oval or slotted shapes of the apertures are such that             
          as the king-pin plate 106 pivots about axis 108, the pins, if               
          extended, may have a certain degree of give in their respective             
          apertures, thereby minimizing excessive force which might shear             
          the pins (specification, page 6).                                           

               As we see it, the disclosed locking of an articulating                 
          trailer into a non-articulating position by the engagement of one           
          or more retractable pins with one or more apertures would be                
          fairly well understood by one versed in the art at issue as                 
          descriptively supporting the recitation in claim 9 of                       
          “maintaining the axle of the trailer-pulling unit, and the axles            
          of the trailer in parallel when the member is engaged.”  In our             
          view, appellant’s teaching of oval or slotted shapes for the                
          apertures does not detract from the aforementioned locking into a           
          non-articulating position since the shaped apertures appear to              
          simply permit a certain degree of give in the direction of a                
          longer dimension of the oval or slotted shapes to avoid shearing            
          of a pin.  It is for these reasons that we cannot sustain the               
          examiner’s rejection under 35 U.S.C. § 112, first paragraph.                



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