Appeal No. 2003-0677 Page 12
Application No. 09/759,950
(i.e., not secured or locked) to move down. That is, Randall's cooperating angle
bracket 150 and recess 152 and Mortenson's pins 48 and slots 52 do not in any way
prevent Randall's load supporting platform 34 or Mortenson's load supporting platform
28 from being lowered from their upper end position level with the loading bed. As
such, the claimed subject matter is not suggested by the teachings of the applied prior
art.
For the reasons set forth above, the decision of the examiner to reject claims 1
and 3 to 9 under 35 U.S.C. § 103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1 and 3 to 9 under
35 U.S.C. § 112, second paragraph, is affirmed and the decision of the examiner to
reject claims 1 and 3 to 9 under 35 U.S.C. § 103 is reversed.
A statement pursuant to 37 CFR § 1.196(c) has been made in this decision. A
time period in which the appellant may file an amendment for the purpose stated in
§ 1.196(c) is hereby set to expire TWO MONTHS FROM THE DATE OF THIS
DECISION.
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