Ex Parte MOORE et al - Page 13




                 Appeal No. 2002-0911                                                                                 Page 13                      
                 Application No. 09/272,115                                                                                                        


                 and “bodily movable with” the base section as called for in claim 5, also stem from an                                            
                 unduly narrow interpretation of the terms “self-contained” and “bodily movable with” as                                           
                 discussed above and are as unpersuasive with regard to these rejections as they were                                              
                 with regard to the rejections based on Carter and Walker.  In particular, Batson’s                                                
                 hoisting unit C, though housed within the upper deck A, is mounted and fully contained                                            
                 on the crane (loader), thus being “self-contained,” and is capable of being moved as a                                            
                 unit with (i.e., “bodily movable with”) the boom B when the loader is rotated about its                                           
                 base 13 or when the loader is driven along the ground.  Similarly, whether Becker’s                                               
                 lifting cylinder 21 or the main lifting winch 44 is considered the “lifter” as recited in claim                                   
                 5, both of these elements are mounted on and fully contained on the crane, thus                                                   
                 meeting the “self-contained” limitation, and are capable of being moved as a unit with                                            
                 (i.e., “bodily movable with”) the boom 26 when the superstructure 5 is rotated about the                                          
                 vertical axis 6 and when the crane is driven along the ground.  Newell’s hydraulic lift                                           
                 cylinders 44, which the examiner calls the “lifter,” and the winch 46 and cable 49, which                                         
                 also assist in lifting component parts, such as crawlers 76a, 76b, are both mounted on                                            
                 and fully contained on the crane, thus meeting the “self-contained” limitation, and are                                           
                 capable of being moved as a unit with (i.e., “bodily movable with”) the main boom                                                 
                 section 40a (base section) when the cab 30 is rotated about its chassis 22 and when                                               
                 the crane is driven using its crawlers 76a, 76b.  Finally, whether Morrow’s hydraulic                                             
                 cylinders 32 or drums 42, 47 are considered the “lifter” as recited in claim 5, all of these                                      
                 elements are mounted on and fully contained on the crane, thus meeting the “self-                                                 






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