Ex Parte Wirth et al - Page 13




                Appeal No. 2005-0948                                                                          Page 13                   
                Application No. 09/922,938                                                                                              



                axle (D) passes.  As shown in Figures 1-2, the lathe-bed (A) includes a ground engaging                                 
                support unit under each sliding block.                                                                                  


                        The appellants argue (brief, pp. 6-8; reply brief, pp. 1-2) that the second base unit                           
                recited in claim 12 is not suggested by the teachings of McCormack and Gray.  We                                        
                agree.                                                                                                                  


                        McCormack teaches the subject matter of claim 12 except for "a second base unit                                 
                mounted to and supporting a longitudinal end of said second Iathe bed assembly remote                                   
                from said first base unit."  In that regard, we note that the claimed first Iathe bed                                   
                assembly is readable on McCormack's bed section 14 and that the claimed second Iathe                                    
                bed assembly is readable on either McCormack's bowl turning attachment 13 or                                            
                additional bed section 14a.  However, neither McCormack's bowl turning attachment 13                                    
                nor additional bed section 14a has a base unit mounted to and supporting their                                          
                longitudinal end remote from base 11.                                                                                   


                        As to the feature shown in Figure 1 of McCormack labeled X by the examiner (see                                 
                page 4 of the answer), we see no basis in the record to conclude that it is a second base                               
                unit as recited in claim 12.  Feature X is not mounted to the second lathe bed assembly                                 
                but instead is mounted to the first lathe bed assembly.  Additionally, Feature X as shown                               







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