Ex Parte Viaud - Page 5




         Appeal No. 2003-0588                                                  
         Application 09/559,921                                                



                  Claim 12 on appeal reads as follows:                         
                  12.  In a bale wrapping implement adapted for                
         being coupled in trailing relationship to a baler, said               
         implement including a frame having a forward end adapted              
         for being coupled to a baler in such a way that it can be             
         pivoted vertically, and a support wheel arrangement being             
         coupled to said main frame for supporting it on the ground,           
         the improvement comprising:  said support wheel arrangement           
         including only one support wheel mounted for continuous               
         engagement with the ground during all conditions of                   
         operation of said wrapping implement.                                 


                  The sole prior art reference of record relied upon           
         by the examiner in rejecting claim 12 is:                             
         Anderson et al. (Anderson ‘076)  6,082,076  July 4, 2000              


                  Claim 12 stands rejected under 35 U.S.C.                     
         § 103(a) as being unpatentable over Anderson ‘076.   The              
         examiner is of the view that the bale wrapping implement of           
         Anderson ‘076 is “adapted for being coupled in trailing               
         relationship to a baler” (final rejection, page 2) and                
         includes a support wheel arrangement (112) coupled to the             
         main frame for supporting it on the ground, and that the              


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