Appeal No. 2002-1970 Page 2
Application No. 09/072,333
The appellants’ invention relates to a method and device for measuring the
length of bales in a baler for harvesting crops. Representative claims 1 and 9 are
reproduced below in the opinion section of this decision.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Bergvall et al. (Bergvall) 4,398,348 Aug. 16, 1983
McPherson 5,855,166 Jan. 5, 1999
(filed Feb. 28, 1997)
The following is the sole rejection before us for review.
Claims 1, 3-9 and 11-13 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over McPherson in view of Bergvall.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejection, we make reference to the answer
(Paper No. 12) for the examiner's complete reasoning in support of the rejection and to
the brief and reply brief (Paper Nos. 11 and 13) for the appellants’ arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. As a consequence
of our review, we make the determinations which follow.
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