Appeal No. 2003-2134 Page 11
Application No. 09/421,675
Claim 9
Claim 9 is not readable on Szarkowski. First, the framework construction of
Szarkowski does not form a triangle. As shown in Figure 1, the framework construction
of Szarkowski (brace 41, upright member 40 and the rear part of side member 12) does
not form a triangle since brace 41 does not extend to the rear part of side member 12.
Second, the corner formed by upright member 40 and the rear part of side member 12
is not located in the vicinity of the bearing for the rear weight (i.e., very near the
overhead bridge construction 14).
Since claim 9 does not read on Szarkowski, the decision of the examiner to
reject claim 9 under 35 U.S.C. § 102(b) is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1 to 3, 5, 7 to 11 and
19 under 35 U.S.C. § 102(b) is affirmed and the decision of the examiner to reject claim
9 under 35 U.S.C. § 102(b) is reversed.
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