Appeal No. 2004-1750
Application No. 09/985,937
intervening claims. Claims 2, 5, 6, 7, 10 through 12 and 22 have
been canceled.
Appellants' invention relates to a plastic or plastic
composite railroad tie provided with a particular form of
textured surface so as to resist sliding in the ballast of a
railroad bed, and to methods of using such a tie. Claims 1, 24
and 25 are representative of the subject matter on appeal and a
copy of those claims can be found in the Appendix to appellants'
brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Garber 1,297,828 Mar. 18, 1919
Reis 2,051,619 Aug. 18, 1936
Nosker et al. 5,916,932 Jun. 29, 1999
(Nosker '932)
Claims 24 and 25 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Garber.
Claims 1, 3, 4, 8, 9, 13 through 20, 24, 25 and 27 through
34 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Nosker '932 in view of Reis.
22
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