Ex Parte Franet - Page 7




               Appeal No. 2003-0679                                                                           Page 7                   
               Application No. 09/730,163                                                                                              


                       The test for obviousness is what the combined teachings of the references would                                 
               have suggested to one of ordinary skill in the art.  See In re Young, 927 F.2d 588, 591,                                
               18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208                                          
               USPQ 871, 881 (CCPA 1981).                                                                                              


                       The Admitted Prior Art teaches a mowing implement including a mobile central                                    
               frame, a pair of mowing units respectively mounted to opposite sides of the central                                     
               frame and at least one swath former being associated with one of the pair of mowing                                     
               units.                                                                                                                  


                       Welsch discloses a mower for harvesting crop.  As shown in Figure 1, the mower                                  
               includes a windrow grouper attachment (i.e., a swath former) 12.  The windrow grouper                                   
               attachment includes a crop conveyor 34 attached to the main frame 14 of the mower by                                    
               a vertically swingable support 30 which is selectively disposable in a lowered working                                  
               position where it intercepts crop exiting the mower and transfers it side ways and in a                                 
               raised non-use position wherein it permits crop exiting from the mower to be deposited                                  
               into a windrow directly behind the mower.  The vertically swingable support 30 for the                                  
               crop conveyor is mounted to a slide 26 that is in turn mounted for shifting laterally on a                              
               transverse beam 20 of the mower main frame 14.  By selectively manipulating the                                         
               conveyor 34 among its working, non-use and shifted positions, it is possible to deposit                                 








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