Appeal No. 2003-2134 Page 8
Application No. 09/421,675
connected in a force-transmitting connection with the driver's cab, wherein the bearing
for the rear weight is configured to transmit forces and moments, and wherein the rear
weight is rigidly connected with the driver's cab (the rigid connection between
Szarkowski's braces 41 and side members 12 with the overhead bridge construction 14
having counterweights thereon; see Figures 1 and 5).
Since claim 1 is readable on Szarkowski as set forth above, the appellant's
argument that the limitations of claim 1 are not met by Szarkowski is in error.
Therefore, the decision of the examiner to reject claim 1 under 35 U.S.C. § 102(b) is
affirmed.
Claims 2, 3, 10 and 11
The appellant has grouped claims 1 to 3, 10 and 11 as standing or falling
together (brief, p. 5). Thereby, in accordance with 37 CFR § 1.192(c)(7), claims 2, 3, 10
and 11 fall with claim 1. Thus, it follows that the decision of the examiner to reject
claims 2, 3, 10 and 11 under 35 U.S.C. § 102(b) is also affirmed.
Claim 5
Claim 5 reads on Szarkowski as follows: The fork lift truck as claimed in claim 1,
wherein the bearing for the rear weight is located on an upper segment of the rear
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Last modified: November 3, 2007