Ex Parte Gries et al - Page 8



          Appeal No. 2006-0093                                                                        
          Application No. 10/295,326                                                                  

          Johnson in view of McWethy and McCoy, the examiner has relied                               
          upon Johnson and McWethy as generally applied above and on McCoy                            
          to additionally show a hitch tow bar (10) having a rectangular                              
          configuration and an integral neck portion adjacent ball mounting                           
          rack (14) that has a cross sectional width less than that of the                            
          proximal portion of tow bar (12) that is intended to be affixed                             
          to the towing vehicle (col. 5, lines 18-21).  Based on the                                  
          combined teachings of Johnson, McWethy and McCoy, the examiner                              
          has concluded that it would have been obvious to one of ordinary                            
          skill in the art at the time of appellants’ invention to utilize                            
          a tow bar in place of Johnson’s cylindrical tow bar (12) that                               
          has a rectangular configuration as discussed in both McWethy and                            
          McCoy, and which also incorporates a narrow neck portion with                               
          upper and lower strengthening members as in McCoy to thereby                                
          provide a hitch assembly that has improved physical                                         
          characteristics, reduced weight and lower overall cost.                                     

          Although it is true that McCoy does not specifically                                        
          describe a pintle hitch with the particular combination of                                  
          features set forth in appellants’ pending claims, that does                                 


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