Ex Parte Allen et al - Page 2




              Appeal No. 2005-2197                                                                Page 2                
              Application No. 10/751,432                                                                                


                                                    BACKGROUND                                                          
                      The present invention relates to a hauler vehicle for mining operations.  The                     
               hauler vehicle comprises a vehicle frame and a conveyer centrally disposed and                           
               coupled with the frame.  Representative claim 23 appears below:                                          

                      23.  A hauler vehicle for mining operation comprising:                                            
                      a vehicle frame coupleable with a source of motive power; and                                     
                      a conveyer centrally disposed and coupled with the vehicle frame,                                 
                      wherein the vehicle frame and conveyer define a receiving end and a                               
                      discharge end, and wherein the discharge end has a substantially fixed                            
                      height.                                                                                           
                      The Examiner relies on the following references in rejecting the appealed                         
               claims:                                                                                                  
               Beck                               2,405,636                           Aug.  13, 1946                    
               Brasher et al.  (Brasher)          4,576,107                           Mar.  18, 1986                    
               Butler et al. (Butler)             5,873,431                           Feb.  23, 1999                    

                      Claims 23, 26, 27 and 29 stand rejected under 35 U.S.C. § 102(b) as                               
               anticipated by Beck.  Claims 23, 24, 27 and 28 stand rejected under 35 U.S.C.                            
               § 102(b) as anticipated by Brasher. Claim 25 stands rejected under 35 U.S.C.                             
               § 103(a)  as obvious over Brasher in view of Butler.  (Answer, pp. 3-5).  We affirm the                  
               rejections.                                                                                              
                      Rather than reiterate the conflicting viewpoints advanced by the Examiner and                     
               the Appellants regarding the above-noted rejections, we make reference to the                            








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