Ex Parte Navarro - Page 4




             Appeal No. 2006-1129                                                                Παγε 4                                      
             Application No. 10/775653                                                                                                       


             the trailer (col. 2, lines 45 to 51).  The examiner's argument that Pyle Fig. 7 depicts the                                     
             sliding mechanism within the trailer frame is unpersuasive because the mechanism                                                
             shown in Pyle Fig. 7 is actually within the truck bed or attached to a tractor, according to                                    
             Pyle.                                                                                                                           
                    In view of the foregoing, we will not sustain this rejection as it is directed to claim                                  
             1 or claims 4, 7, 10 and 11 dependent thereon.                                                                                  
                    We turn next to the examiner's rejection of claims 2, 3, 5, 6, 8, 9, and 12 to 14                                        
             under 35 U.S.C. § 103 as being unpatentable over Pyle and APA on page 4 of the                                                  
             specification.  The examiner relies on APA for teaching that brake systems are normally                                         
             operated with pneumatic, electric or hydraulic energy.                                                                          
                    We will not sustain this rejection as it is directed to claims 2, 3, 5, 6, 8, and 9.                                     
             These claims depend from claim 1 and thus include the subject matter found lacking in                                           
             Pyle.   APA does not cure the deficiencies found lacking in Pyle.  We will likewise not                                         
             sustain this rejection as it is directed to claim 12 and claims 13 and 14 dependent                                             
             thereon because claim 12 also requires that the hitch comprise the kingpin and that the                                         
             sliding mechanism be slidingly captured within the trailer frame.                                                               
























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