Appeal No. 2002-0602 Page 5
Application No. 09/596,749
blade half portions are adjustable (phantom lines and arrow) the strip of material
is cemented or clamped to the back of the pivotable portion 26a of the blade and
extends through and seals the opening between it and the constrained portion
26b. By this means the blade halves are prevented from vibrating against each
other, even though they closely overlap in the straight configuration, held on the
pivot structure top and bottom, as shown, to provide smooth continuous shunting
of snow to the side.
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on the examiner's analysis and review of Ciula and claim 44, the
examiner ascertained (answer, p. 3) that "Ciula fails to disclose a resilient material in
the gap between the plow blade and the brace."
With regard to this difference, the examiner determined (answer, p. 4) that
"[i]t would have been obvious to one of ordinary skill in the art at the time the invention
was made to provide a resilient material in the gap of Ciula as taught by Middleton, in
order to seal the space."
The appellant argues throughout both briefs that the applied prior art does not
suggest the claimed subject matter. We agree.
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