Ex Parte DULIN - Page 9




          Appeal No. 2002-2272                                                        
          Application 09/375,712                                                      


          IV. The 35 U.S.C. § 103(a) rejections of claims 13 through 15               
               Because neither Cronin nor Rogers cures the shortcomings of            
          the Bergman-Hollon combination relative to the subject matter               
          recited in parent claim 9, we shall not sustain the standing 35             
          U.S.C. § 103(a) rejection of dependent claim 13 as being obvious            
          over Bergman in view of Hollon and Cronin, or the standing 35               
          U.S.C. § 103(a) rejection of dependent claims 14 and 15 as being            
          obvious over Bergman in view of Hollon and Rogers.                          
          V. The 35 U.S.C. § 103(a) rejection of claim 16                             
               Independent claim 16 recites a method of preparing road                
          shoulders comprising, inter alia, the steps of providing a                  
          roller, providing at least one pivotally mounted arm rotatably              
          supporting the roller, providing an arm linear actuator “operably           
          connected” to the at least one arm, and actuating the arm linear            
          actuator for pivotally moving the arm and thereby vertically                
          moving the roller.                                                          
               Cronin discloses a pavement roller attachment on the rear              
          end of a grading vehicle.  The attachment comprises a telescopic            
          boom 12 mounted for movement about a vertical axis, a horizontal            
          axis and its own longitudinal axis, a vertically oriented piston-           
          cylinder unit shown in Figure 2 (but not described by Cronin)               
          ostensibly for moving the boom about the horizontal axis, a                 


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