Ex Parte MOYNA - Page 2




          Appeal No. 2002-0894                                                        
          Application No. 09/283,650                                                  


          of ejecting load material (claims 23, 24 and 40), and a ground-             
          driven mobile work machine having an device for ejecting load               
          material (claims 25, 26 and 37-39).  An understanding of the                
          invention can be derived from a reading of exemplary claim 21,              
          reproduced below (with emphasis added):                                     
               21. A load-carrying body for use with a mobile work                    
          machine, comprising:                                                        
               first and second opposed side walls;                                   
               a floor joining said side walls;                                       
               a movable ejector interposed between said side walls and               
          having a lower margin adjacent said floor and an upper margin,              
          said side walls, said floor, and said ejector together defining a           
          load cavity open at an end thereof;                                         
               an ejector actuator connected with said ejector for moving             
          said ejector toward said open end to eject load material from               
          said cavity through said open end, movement of said ejector                 
          against said load material causing said ejector to tilt at its              
          upper margin toward said open end to press the lower margin of              
          said ejector against the floor of said body.                                
               The single reference relied upon by the examiner in the                
          final rejection is:                                                         
               Neyland                  2,996,202           Aug. 15, 1961             
               Claims 21-26, 28-31 and 33-40 stand rejected under 35 U.S.C.           
          § 112, second paragraph, “as being indefinite for failing to                
          particularly point out and distinctly claim the subject matter              



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