Ex Parte Austin - Page 10




                Appeal No. 2003-0928                                                                          Page 10                   
                Application No. 09/692,431                                                                                              


                        The appellant's argue (brief, pp. 8-9) that Murray does not teach or suggest the                                
                claimed spacing indicia.  We agree.                                                                                     


                        Murray's invention relates to a visual aid to assist a driver in maneuvering a                                  
                towing vehicle toward a trailer or other vehicle to be towed for precisely aligning the                                 
                hitch components of the two vehicles.  The device mounts only to the towed vehicle and                                  
                includes a mast 23 consisting of four mast sections 23a, 23b, 23c, and 23d, three                                       
                ferrules 24a, 24b, 24c and a protective end cap 25.  The ferrules 24a, 24b and 24c are                                  
                permanently attached to the mast sections 23a, 23b and 23c respectively.   The mast                                     
                sections 23a, 23b, 23c, 23d can be separated from one another and inserted into                                         
                adaptor 18 for easy storage as illustrated in Figure 9.                                                                 


                        Murray's mast does not include a series of spacing indicia.  Thus, it would not                                 
                have been obvious at the time the invention was made to a person of ordinary skill in                                   
                the art to have modified the upper shafts of Law's telescoping masts to include equally                                 
                spaced indicia along the outer surface of each shaft.  Accordingly, the decision of the                                 
                examiner to reject claims 3 and 5 under 35 U.S.C. § 103 is reversed.                                                    













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