Ex Parte Roth et al - Page 2



                    Appeal No. 2004-1211                                                                                                                                  
                    Application No. 09/945,418                                                                                                                            

                              The subject matter on appeal relates to the combination of a                                                                                
                    baler and a bale wrapping apparatus wherein the wrapping apparatus                                                                                    
                    is located entirely behind the baler and wherein the combination                                                                                      
                    further includes a brace structure having a lower end region fixed                                                                                    
                    to the chassis on which the baler and wrapping apparatus are                                                                                          
                    positioned and having front and rear upper regions respectively                                                                                       
                    coupled to the baler and the wrapping apparatus.  Further details                                                                                     
                    regarding this appealed subject matter are set forth in independent                                                                                   
                    claim 1 which reads as follows:                                                                                                                       
                              1.  In a combination including a baler, a bale wrapping                                                                                     
                    apparatus for entirely enveloping a bale formed by the baler and a                                                                                    
                    wheeled chassis supporting the baler and the wrapping apparatus in                                                                                    
                    their entirety, the improvement comprising: said wrapping apparatus                                                                                   
                    being located entirely behind said baler; and a brace structure                                                                                       
                    having a lower end region fixed to said chassis at least at a                                                                                         
                    location between said baler and bale wrapping apparatus and having                                                                                    
                    front and rear upper regions respectively coupled to said baler and                                                                                   
                    said bale wrapping apparatus.                                                                                                                         
                              The reference set forth below is relied upon by the Examiner                                                                                
                    in the § 102 rejection before us:                                                                                                                     
                    Hood et al. (Hood)                                         5,822,967                               Oct. 20, 1998                                      
                              Claim 1 stands rejected under 35 U.S.C. § 102(b) as being                                                                                   
                    anticipated by Hood.                                                                                                                                  
                              We refer to the brief and to the answer for a complete                                                                                      
                    discussion of the opposing viewpoints expressed by the Appellants                                                                                     
                    and by the Examiner concerning the above noted rejection.                                                                                             
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