Ex Parte Jensen - Page 2




               Appeal No. 2003-0677                                                                           Page 2                   
               Application No. 09/759,950                                                                                              


                                                          BACKGROUND                                                                   
                       The appellant's invention relates to a loading platform system for mounting on a                                
               vehicle, particularly on a truck, comprising a platform lifting structure, an essentially                               
               plate-like loading platform for lifting and lowering loads and at least one lifting actuator                            
               mechanism for lifting and lowering the loading platform (specification, p. 1).  A copy of                               
               the claims under appeal is set forth in the appendix to the appellant's brief.                                          


                       The prior art references of record relied upon by the examiner in rejecting the                                 
               appealed claims are:                                                                                                    
               Randall et al. (Randall)                        3,257,011                       June 21, 1966                           
               Mortenson                                       4,078,676                       Mar. 14, 1978                           



                       Claims 1 and 3 to 9 stand rejected under 35 U.S.C. § 112, second paragraph, as                                  
               being indefinite for failing to particularly point out and distinctly claim the subject matter                          
               which the appellant regards as the invention.                                                                           


                       Claims 1 and 3 to 9 stand rejected under 35 U.S.C. § 103 as being unpatentable                                  
               over Randall in view of Mortenson.                                                                                      











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