Appeal No. 2003-2134 Page 9
Application No. 09/421,675
weight (as shown in Figure 5 of Szarkowski, the upper bearings attaching the overhead
bridge construction 14 to the braces 41 are on the upper segment of the overhead
bridge construction 14 while the lower bearings attaching the overhead bridge
construction 14 to the side members 12 are on the lower segment of the overhead
bridge construction 14).
Since claim 5 is readable on Szarkowski as set forth above, the appellant's
argument that the limitations of claim 5 are not met by Szarkowski is in error.
Therefore, the decision of the examiner to reject claim 5 under 35 U.S.C. § 102(b) is
affirmed.
Claim 7
Claim 7 reads on Szarkowski as follows: The fork lift truck as claimed in claim 1,
including a lower bearing for the lifting frame (Szarkowski's pins 30), wherein the
driver's cab has at least one strut that extends between the lower bearing for the lifting
frame and the bearing for the rear weight (as shown in Figure 1 of Szarkowski, the side
members 12 extends between the lower bearing for the lifting frame (Szarkowski's pins
30) and the bearing for the rear weight (the attachment between the overhead bridge
construction 14 and the side members 12)).
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Last modified: November 3, 2007