Appeal No. 2003-2134 Page 10
Application No. 09/421,675
Since claim 7 is readable on Szarkowski as set forth above, the appellant's
argument that the limitations of claim 7 are not met by Szarkowski is in error.
Therefore, the decision of the examiner to reject claim 7 under 35 U.S.C. § 102(b) is
affirmed.
Claims 8 and 19
The limitations of claims 8 and 19 are readable on Szarkowski as follows: the
driver's cab has a framework construction, by means of which forces are transmitted
between a top bearing for the lifting frame and the bearing for the rear weight
(Szarkowski's main frame 11 has a framework construction, by means of which forces
are transmitted between a top bearing for the lifting frame (i.e., the cross member 46
which is pivotally attached between a pair of brackets 47 which in turn are fixed to the
upper ends of the upright rails 27) and the bearing for the rear weight (i.e., 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 claims 8 and 19 are readable on Szarkowski as set forth above, the
appellant's argument that the limitations of claims 8 and 19 are not met by Szarkowski
is in error. Therefore, the decision of the examiner to reject claims 8 and 19 under
35 U.S.C. § 102(b) is affirmed.
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