Appeal No. 2002-1266 Page 5
Application No. 09/757,603
wheels should be interpreted as meaning they are positioned laterally inwardly of the
drive wheels and within the cylindrical envelope defined by the spaced apart drive
wheels. This clearly is illustrated in the drawings, and such a location is necessary in
order to reduce the impact of centrifugal force upon the operator during zero radius
turns. Counsel confirmed at the oral hearing that this was the intended interpretation of
“between the first and second drive wheels.”
Applying the above interpretation to the claims results in Boice failing to disclose
or teach this key feature of the invention, for the Boice foot platforms are positioned well
to the rear of the two drive wheels, rather than laterally of them within the cylindrical
envelope defined thereby. Moreover, it is our further view that Boice fails even to
provide support for the examiner’s interpretation, for the drawings show only side views
of the mower, and in the absence of an appropriate view (top, bottom, front or rear)
and/or description in the specification, it cannot be determined whether the foot
platforms even are located between planes drawn through the vertical axes of the drive
wheels, which appears to be the examiner’s contention.
It also is quite clear that the Boice seat is not deployable, and for this feature the
examiner looks to Munnoch, which is directed to a sweeping machine in which the
operator can walk behind the device or sit on a seat equipped with foot platforms which
is towed by the device during operation. As illustrated in phantom in Figure 1, the seat
can be folded and then moved forward to a stowed position. However, contrary to the
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