Ex Parte Searfoss - Page 4




              Appeal No. 2004-0729                                                                 Page 4                
              Application No. 09/957,202                                                                                 


              When rod 44 is retracted, as illustrated in Figure 6, the lever 46 supports frame 34                       
              adjacent sidewall 20.                                                                                      
                     According to the examiner, the second lever 52, link 56, and lever 46 respond                       
              structurally to the base, intermediate segment and extension recited in claim 1.  The                      
              examiner notes that lip 36 on frame 34 serves as a stop but concedes that such stop is                     
              not “fixed to a bed of the truck” as called for in claim 1.                                                
                     Henning discloses a tarp cover hold down system for a tarp for covering an                          
              open-topped container of a vehicle, the system comprising a locking arrangement for                        
              automatically locking the cover arm of the tarp in its rearmost position when the tarp                     
              completely covers the container.  The locking arrangement includes an L-shaped                             
              bracket 170 bolted to the rear wall 60d of the container body 60.  As explained in                         
              column 5, lines 32-67, the L-shaped bracket 170 cooperates with the U-shaped cover                         
              arm 70 framing the tarp cover 64.  As illustrated in Figure 16, when the cover motor                       
              means 78 is actuated to roll the cover 64 on the roll 66, the tension in the cover causes                  
              connected rod 164 and the transverse portion 70a of the U-shaped cover arm (as well                        
              as locking member 168 supporting the transverse portion) to be displaced to the left                       
              relative to each cover arm fitting 160 to thereby compress a compression spring 174.                       
              The locking member 168 is thereby retracted to withdraw the transverse portion 70a                         
              from its position within the L-shaped locking brackets 170, whereupon the cover arm is                     
              released for pivotal displacement toward its second retracted position in which the                        
              cover 64 is rolled upon the roll 66.  During the covering operation, the cover arm 70 is                   






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