Ex Parte Berdan et al - Page 12




          Appeal No. 2003-0106                                                        
          Application 09/502,680                                                      


          error in the findings regarding operation of the carriage or                
          plate holder (34) of Shannon requires us to refuse to sustain               
          this rejection as well.                                                     


          Replacing the method of the APA, where three workers were                   
          used to replace a plate on the blade of a plow or grader, with              
          the method of Shannon, wherein a dolly (10) is used to support a            
          blade or plate (12) and assist in adjustably positioning the same           
          to effect registration of the blade/plate fastening holes with              
          corresponding holes of the moldboard/blade, merely results in the           
          method of Shannon, which we have indicated above does not teach             
          or suggest appellants’ claimed method involving “incrementally”             
          angularly adjusting the height of the holder and thereby the                
          height of the at least one plate “incrementally.”                           


          Regarding the examiner’s rejection of dependent claim 24                    
          under 35 U.S.C. § 103(a) as being unpatentable over the APA,                
          Shannon and Pistole, we have reviewed the additional reference to           
          Pistole, but find nothing therein which overcomes or provides for           
          the deficiencies we have identified above with regard to the                
          basic combination of the APA and Shannon. Accordingly, the                  


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