Ex parte KUKLO - Page 13




          Appeal No. 97-1840                                        Page 13           
          Application No. 08/316,685                                                  


          inertial ring 2 , and (3) is expandable due to the elastomeric              
          nature of the outer ring 3 and inner ring 4 (see claims 9 and               
          10 of Andrä).                                                               


               For the reasons set forth above, the decision of the                   
          examiner to reject claim 1 under 35 U.S.C. § 102(b) is                      
          affirmed.                                                                   


          Claims 2 and 3                                                              
               With respect to dependent claims 2 and 3, the appellant                
          argues (brief, p. 10) that Andrä lacks (1) the multiple axial               
          spaced concentric rings with separators therebetween as                     
          recited in claim 2, and (2) an expandable separator extending               
          from the top of one of the rings to the bottom of the adjacent              
          ring as recited in claim 3.                                                 


               We find these arguments to be unpersuasive for the                     
          following reasons.                                                          


               First, claim 2 is readable on a device having only two                 
          rings and one separator therebetween.  As such claim 2 reads                







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