Appeal No. 2001-2378
Application No. 09/479,932
agree. Simply put, there is no basis in the Meier disclosure
to support such a proposition.
Second, we do not agree with the examiner that the claim
terminology that the rail has a “maximum permissible stress”
(claim 1) or a “maximum stress level” (claims 12 and 14) are
relative terms. In our view, this claim terminology requires
the rail to have a well defined, measurable bending strength
that one
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