Ex Parte BRAUD - Page 5




              Appeal No. 2003-0690                                                                 Page 5                
              Application No. 09/247,557                                                                                 


              transversely oriented internal combustion motor between a front wheel and a rear                           
              wheel, a reservoir of onboard fluid between another front wheel and a rear wheel, and a                    
              gearbox oriented longitudinally and disposed substantially in a central position of the                    
              vehicle below the support of the telescopic load carrying arm is not suggested by the                      
              applied prior art.  In particular, we find ourselves in agreement with the appellant's                     
              argument (brief, pp. 4-9) that there is insufficient reason, suggestion, teaching, or                      
              motivation in Braud for an artisan to have modified Brown in the manner set forth in the                   
              rejections (answer, pp. 3-5) under appeal.                                                                 


                     For the reasons set forth above, the decision of the examiner to reject claims 5                    
              to 7, 9 to 16, 18 and 20 to 22 under 35 U.S.C. § 103 is reversed.                                          























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