Ex Parte Viaud - Page 6




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



         support wheel arrangement is mounted for engagement with the          
         ground during all conditions of operation of the wrapping             
         implement.  The examiner concedes that the bale wrapping              
         implement of Anderson ‘076 does not have or disclose a frame          
         that can be pivoted vertically nor a support wheel arrange-           
         ment including only one support wheel of the type set forth           
         in claim 12 on appeal.  In accounting for these differences,          
         the examiner concludes that                                           
                  it would have been [an] obvious matter of                    
                  design choice to have modified Anderson’s                    
                  bale wrapping apparatus by having that                       
                  the frame can be pivoted vertically and                      
                  that the support wheel arrangement                           
                  including only one support wheel, since                      
                  applicant has not disclosed that the                         
                  frame can be pivoted vertically and that                     
                  the support wheel arrangement including                      
                  only one support wheel solves any stated                     
                  problem or is for any particular purpose                     
                  and it appears that the invention would                      
                  perform equally well with more than one                      
                  support wheel as suggested by Anderson                       
                  [final rejection, pages 2-3].                                


                  Rather than reiterate any further details of the             
         examiner's commentary regarding the above-noted rejection             


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