Ex Parte Chaney - Page 6


            Appeal No. 2006-1280                                                    
            Application No. 10/645,025                                              
            limitation is that the chassis is not complete until the                
            battery module is inserted into the chassis. We consider the            
            scope of this limitation to require the battery module,                 
            which upon being inserted into the chassis of the electric              
            vehicle, to provide the chassis with the structure necessary            
            to support the vehicle during travel, i.e. the battery                  
            module and the chassis provide the structure which supports             
            the vehicle.  The examiner has not shown that the chassis of            
            Weaver’s feed cart is requires the battery module to support            
            the feed cart during vehicle travel.  The center or gravity             
            of the feed cart relates to the distribution of mass of the             
            feed cart, preventing the vehicle from tipping relates to               
            the dynamics of the vehicle during travel.  We do not find              
            that these concepts relate to whether the structure of the              
            feed cart can support the feed cart during vehicle travel.              
            The examiner has not asserted nor do we find that Chase                 
            teaches or suggests modifying Weaver to include such a                  
            feature.  Accordingly, we will not sustain                              









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