Ex parte BULLOCK et al. - Page 4




          Appeal No. 96-1358                                                          
          Application No. 08/192,055                                                  


          As disclosed in the appellants’ specification, the “means for               
          attaching the plate member” comprises an end connector (36 and              
          46) which is fixedly joined to the ends of the plurality of                 
          telescoping tubes which constitute each plate member, with the              
          end connector being attached by horizontally oriented pins (52)             
          to the end of the rail car.  As a result, movement of the plate             
          member is restricted to pivoting upwardly and downwardly about              
          the horizontally oriented pins.                                             
               The German reference discloses a connecting walkway between            
          two train cars.  The walkway comprises two opposed sets of inter-           
          digitating members removably attached at one of their ends to the           
          end of a rail car, and in telescoping relationship with respect             
          to one another.  The means for removably attaching each set of              
          members to the rail cars comprises a horizontally oriented rod              
          (7) which permits pivotal movement about a horizontal axis (see             
          Figure 4) and a plurality of vertically oriented pins (5) which             
          permit pivotal movement about a vertical axis (see Figure 3).               
          Thus, members are free to pivot about both horizontal and                   
          vertical axes, rather than being limited to the horizontal axis,            
          as is required by claim 1.  This being the case, the German                 
          reference fails to disclose the required structure, and is not              
          anticipatory of the subject matter recited in the claim.                    

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