Appeal No. 2002-2272
Application 09/375,712
Hollon discloses a compacting device (see Figures 11 through
14) comprising a pivotable frame 140 on the front end of a
vehicle, a carriage 132 movable along horizontal rails 142 on the
frame, a roller 130 on the carriage 132, a hydraulic cylinder 134
between the frame and the carriage for laterally moving the
carriage on the rails 142, and a hydraulic cylinder 138 between
the frame 140 and the vehicle for applying pressure on the roller
130.
In rejecting claim 9, the examiner concludes that it would
have been obvious to provide the Bergman arrangement with
Hollin’s compacting device “in order to expand the paving tasks
of the compacting device to include shoulders and embankments”
(answer, page 10). From the examiner’s perspective, Hollon’s
horizontal rails 142, carriage 132, roller 130, and hydraulic
cylinder 138 respectively constitute a ram, a pair of laterally
spaced arms, a roller, and a linear actuator operably connecting
the ram and at least one of the pair of arms as recited in claim
9.
This proposed reference combination is flawed for at least
two reasons. First, there is nothing in the combined teachings
of Bergman and Hollon which would have motivated the artisan to
expand the paving capability of the Bergman arrangement by adding
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