Ex Parte SMITH et al - Page 2




              Appeal No. 2002-2084                                                                Page 2                
              Application No. 09/016,740                                                                                


                                                   BACKGROUND                                                           
                     The appellants' invention relates to a frame for a work machine.  Copies of                        
              claims 2 to 6, 8 to 13 and 15 to 17 under appeal are set forth in the appendix to the                     
              appellants' brief.  Claim 1 on appeal reads as follows:                                                   
                            A frame for a work machine comprising:                                                      
                            a first side wall portion having a first and second bore hole defined                       
                     therein;                                                                                           
                            a second side wall portion having a third and fourth bore hole defined                      
                     therein, wherein said second side wall portion is spaced apart from said first side                
                     wall portion such that (1) an interior space is defined therebetween, (2) said first               
                     bore hole is linearly aligned with said third bore hole, and (3) said second bore                  
                     hole is linearly aligned with said fourth bore hole;                                               
                            a central wall portion having a fifth and a sixth bore hole defined therein,                
                     wherein said central wall portion is positioned within said interior space such that               
                     (1) said fifth bore hole is linearly aligned with said first and third bore holes and              
                     (2) said sixth bore hole is linearly aligned with said second and fourth bore holes;               
                            an axle mounting structure secured to said first side wall portion and said                 
                     second side wall portion; and                                                                      
                            a hitch structure secured to said first side wall portion and said second                   
                     side wall portion,                                                                                 
                            wherein said first bore hole, said third bore hole, and said fifth bore hole                
                     are each configured to receive a frame pin of a lift arm assembly so as to                         
                     pivotally couple said lift arm assembly to said frame.[1]                                          


                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Powell                             3,231,121                          Jan. 25, 1966                       
              Loeber                             3,856,344                          Dec. 24, 1974                       
              Ahonen                             4,099,733                          July 11, 1978                       

                     1 The claimed second and fourth bore holes are referred to in the specification as access holes.   







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