Ex Parte Smith - Page 6




              Appeal No. 2004-0072                                                                  Page 6                
              Application No. 09/904,341                                                                                  


              supporting device is carried at the rearward end portion of a snowmobile and upon                           
              being released from an inoperative position self positions itself to elevate and support in                 
              elevated position the rearward end portion of the snowmobile raising the underlying                         
              track arrangement thereof above the supporting ground surface.                                              


                     After the scope and content of the prior art are determined, the differences                         
              between the prior art and the claims at issue are to be ascertained.  Graham v. John                        
              Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                                     


                    Based on our analysis and review of Knutson and claim 1, it is our opinion that                      
              the differences are as follows: (1) a pre-existing bracket attached to a side of the trailer;               
              (2) the bracket having an opening whose length extends parallel to the longitudinal                         
              direction of the trailer and whose width is transverse thereto; (3) a cylindrical pipe                      
              flattened at one end thereof such that the flattened end is adapted to be received in the                   
              bracket; (4) the diameter of the cylindrical portion of the pipe exceeding the width of the                 
              opening in the bracket; and (5) the pipe when received in the bracket and disposed in a                     
              vertical relationship being adapted to lift the trailer slightly above the ground and the                   
              bottom of the bracket being in contact with the cylindrical portion of the pipe below the                   
              flattened end thereof.                                                                                      









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