Appeal No. 96-1358
Application No. 08/192,055
defines over the prior art of record, and that this claim would
be allowable if rewritten in independent form. Therefore, claims
1-12 and 14 remain before us on appeal.
The appellants’ invention is directed to a rail car bridge
plate. The subject matter before us on appeal is illustrated by
reference to claim 1, which has been reproduced in an appendix to
the Appeal Brief.
THE REFERENCES
The references relied upon by the examiner to support the
final rejection are:
Doyle 5,004,287 Apr. 2, 1991
Michelin (German) 806,856 2 Jun. 18, 1951
THE REJECTIONS
Claim 1 stands rejected under 35 U.S.C. § 102(b) as being
anticipated by the German reference.
Claims 2-5, 8-12 and 14 stand rejected under 35 U.S.C. § 103
as being unpatentable over the German reference.
2Our understanding of this reference is based on an
English translation thereof prepared for the United States Patent
and Trademark Office. A copy of said translation is attached
hereto.
2
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