Ex Parte Koehn - Page 4

                Appeal 2007-0788                                                                              
                Application 10/434,804                                                      4                 
                      The second issue is whether the Appellant has shown that the                            
                examiner erred in finding that Esau discloses a mower in which the                            
                movement of the deck from a use position toward the storage/servicing                         
                position is prevented when the mowing height adjustment lever is in an                        
                upright position as recited in claim 3 and as similarly recited in claims 5, 26,              
                and 32.                                                                                       
                      The third issue is whether the Appellant has shown that the Examiner                    
                erred in finding that Esau discloses a mower having a deck and a means for                    
                selectively permitting and prohibiting movement of the deck from the use                      
                position to the storage/servicing position in one or less than four steps, as                 
                recited in claims 13 and 14.                                                                  
                      The fourth issue is whether the Appellant has shown that the                            
                Examiner erred in finding that Esau discloses a mower having a deck and                       
                means for selectively permitting and prohibiting movement of the deck                         
                between a storage/servicing position and a use position in which the mower                    
                deck which automatically locks the mower deck in the storage/servicing                        
                position as recited in claim 17.                                                              
                             The fifth issue is whether Appellant has shown that the                          
                Examiner erred in finding that Esau discloses a mower having a height                         
                adjustment arm which automatically alters in length as the deck is moved                      
                between the use position and the storage/servicing position as recited in                     
                claim 23.                                                                                     
                                              FINDINGS OF FACT                                                
                      Appellant invented a mower that comprises a vehicle and a mower                         
                deck attached to the vehicle.  The mower deck is selectively movable                          
                between a generally horizontal use position and a generally vertical                          
                storage/servicing position.  There is a means which includes a mower height                   




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