Ex parte DEMMIG et al. - Page 3




                 Appeal No. 2001-2378                                                                                                                   
                 Application No. 09/479,932                                                                                                             


                 permissible stress level fastened to the securing device, and                                                                          
                 an intermediate layer 38 mounted between the securing device                                                                           
                 and the sleeper.  The thrust of appellants’ invention is to                                                                            
                 match the rigidity of the intermediate layer to the maximum                                                                            
                 permissible bending stress of the rail in order to reduce                                                                              
                 structure-borne sound while preventing said maximum                                                                                    
                 permissible bending stress from being exceeded.  As explained                                                                          
                 in the paragraph spanning pages 9 and 10 of the specification,                                                                         
                          in accordance with the invention . . . it is                                                                                  
                          provided that the intermediate layer 36, 38, 40 has                                                                           
                          in respect of its spring properties or rigidity a                                                                             
                          so-called kinked characteristic.   The intermediate       [2]                                                                 
                          layer 36, 38, 40 therefore has elastic or “soft”                                                                              
                          properties as long as the maximum permissible or                                                                              
                          presettable rail stress has not yet been reached.                                                                             
                          If this rail stress does prevail, the intermediate                                                                            
                          layer 36, 38, 40 is “hard”, i.e.[,] has a high                                                                                
                          rigidity, so that there is no further bending of the                                                                          
                          rail 18, 20, 26 and hence no increase in the rail                                                                             
                          stress.                                                                                                                       
                          The claims set forth the relationship between the                                                                             
                 rigidity                                                                                                                               
                 of the intermediate layer and the maximum permissible stress                                                                           
                 of                                                                                                                                     
                 the rail in various ways.  For example, independent claim 1                                                                            


                          2This characteristic is explained on page 8 of the                                                                            
                 specification and illustrated in the graph of Figure 6.                                                                                
                                                                           3                                                                            





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