Appeal No. 2003-2134 Page 2
Application No. 09/421,675
BACKGROUND
The appellant's invention relates to a fork lift truck. A copy of the claims under
appeal is set forth in the appendix to the appellant's brief.
Claims 1 to 3, 5, 7 to 11 and 19 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by U.S. Patent No. 4,067,3931 to Szarkowski.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the answer
(Paper No. 21, mailed May 15, 2003) for the examiner's complete reasoning in support
of the rejection, and to the brief (Paper No. 20, filed September 16, 2002) and reply
brief (Paper No. 22, filed July 17, 2003) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied patent to Szarkowski, and to the
respective positions articulated by the appellant and the examiner. The appellant
argues in the brief (pp. 10-14) that specific limitations of claims 1, 5 , 7 to 9 and 19 are
not met by Szarkowski. We agree only with respect to claim 9. Accordingly, we will not
1 Issued January 10, 1978.
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