Ex Parte Herzog et al - Page 11



           Appeal 2007-1787                                                                        
           Application 10/742,187                                                                  
           dispensing of an aggregate (Answer 4).  Further, Appellants admit that Bounds           
           teaches a hopper door and actuator as claimed (Appeal Br. 5).  Therefore, the           
           combination of Bounds and Anderson when taken as a whole teaches a hopper               
           door and actuator as claimed.  Second, although Anderson states spinner spreader        
           machines as illustrated in Fig. 1 of Anderson are “inadequate to achieve the desired    
           product dispensing rates and spreading patterns” (Anderson, col. 5, ll. 29-42),         
           Appellants’ conclusion that the inadequacy of the prior art machines is due solely      
           to the use of gates or doors is not supported by the disclosure of Anderson.  Rather,   
           Anderson suggests that the use of its automated funnel positioning system               
           overcomes the limitations of known manually adjustable spinner spreader system          
           (Anderson, col. 5, l. 29 to col. 6, l. 6 of Anderson).                                  
                 Finally, Appellants contend that “Anderson does not and cannot open and           
           close a hopper door or anything else” (Reply Br. 4).  We disagree.                      
                 Anderson specifically discloses that the control system 502 can be adapted        
           to reposition the funnel apparatus 200 by controlling the movement of the linear        
           actuator arm 204 (Finding of Fact 12).  Bounds discloses that the opening and           
           closing of the hopper doors are controlled by a solenoid controller 215 that is         
           programmed to selectively provide electrical control signals to the valve control       
           solenoids 203-212 (Finding of Fact 7).  Bounds further discloses the use of a           
           remote control system to generate the electronic signals needed to control the          
           hopper doors (Finding of Fact 7-8).  Therefore it would have been within the            
           capabilities of one of ordinary skill in the art to utilize the GPS-based control       
           system of Anderson to replace the remote control system of Bounds for controlling       

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