Appeal No. 94-1325
Application No. 07/882,928
approved for entry (Paper No. 9) cancelled claims 1 through 4 and
8 through
10, and added new claim 11. Accordingly, we have before us claims
5 through 7, and 11. 2
Appellant's invention pertains to a method of repairing
cracks in the metal of a rail of a railway track or wheel of a
rail vehicle. A basic understanding of the invention can be
derived from a reading of exemplary claim 5, a copy of which
appears below.
5. A method of repairing cracks in
the metal of a rail of a railway track or
a wheel of a rail vehicle, the method
comprising:
generating at least one intense beam of
energy capable of generating a vapour
space in the metal;
In a grandparent application Serial No. 07/103,638, a2
decision of the Board of Patent Appeals and Interferences (BPAI)
was rendered in Appeal No. 89-3348 dated January 26, 1990 in which
the same art now applied was reviewed. In a parent application
Serial No. 07/431,084, the BPAI rendered a decision in Appeal No.
91-0995 dated October 4, 1991 again reviewing the same art as is
now applied in the present appeal. However, in the present case we
have before us different claimed subject matter and new
declaration evidence.
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