Ex Parte Franet et al - Page 4




          Appeal No. 2003-0707                                                        
          Application 09/690,534                                                      


               the cylinder 72 continues to extend, the strap 76 will                 
               raise the push arm 24, causing the first member 30,                    
               push arm 24 and mower deck 18 to pivot upwardly about                  
               the first pivot mechanism 32.  As the first member 30                  
               pivots about the first shaft 36, the first member 30                   
               will eventually abut against the second member 40 as                   
               shown in FIG. 3, which blocks the first member 30 from                 
               pivoting further about the first shaft 36.  Once this                  
               occurs, the first and second members 30 and 40, first                  
               pivot mechanism 32, push arm 24 and mower deck 18 begin                
               pivoting upwardly together about the second shaft 48.                  
               The link member 82 and third pivot mechanism 60                        
               function to swing the wing deck 18 rearwardly during                   
               the lifting operation after the first member 30 has                    
               contacted the second member 40.  As shown in FIG. 4,                   
               the generally rigid link member 82 extends between                     
               point A on the vehicle frame 64 and point B on the                     
               second member 40.  The link member 82 provided by the                  
               present invention blocks the second member 40 from                     
               pivoting straight upwardly along line C, and causes                    
               point B to swing rearwardly along arc D.  The link 82                  
               maintains point B at a constant distance from point A,                 
               and thereby prevents point B from shifting straight                    
               upwardly along line C.  Point B will remain a constant                 
               distance from point A as point B travels along arc D.                  
               The second member 40 pivots counterclockwise from its                  
               position shown in FIG. 5 about the axis defined by the                 
               third shaft 62 to allow point B to swing through the                   
               arc D.  As the deck 18 is fully raised to its transport                
               position it will pivot rearwardly about the axis                       
               defined by the third shaft 62 until the mounting                       
               mechanism 10 pivots to the position shown in FIG. 6                    
               [column 4, line 65, through column 5, line 59].                        
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under principles of inherency,            
          each and every element of a claimed invention.  RCA Corp. v.                
          Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ              
          385, 388 (Fed. Cir. 1984).                                                  


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