Ex parte BRADBURY - Page 5




          Appeal No. 98-1380                                                          
          Application 08/786,741                                                      



                    system and an electrical system that con-                         
                    trolled the components of the mechanical                          
                    system.  The mechanical system included, for                      
                    each station of the MBCI roll former, a pair                      
                    of roll stands, two spindles disposed in one                      
                    roll stand and three spindles disposed in the                     
                    other roll stand, forming rolls attached to                       
                    the spindles, various mechanical components                       
                    for changing the elevation of one roll stand                      
                    relative to the other roll stand, and other                       


                    mechanical components.  The mechanical system                     
                    also included means for rotatably driving the                     
                    spindles of a number of the roll stands.  The                     
                    electrical system of the MBCI roll former                         
                    included wiring and computer software to                          
                    control the overall operation of the MBCI                         
                    roll former.                                                      
                    Appellants also submitted a number of drawings dated              
          prior to the critical date (documents 000302 to 000433 and 000435           
          to 000473), and counsel for appellants acknowledged at the                  
          hearing that at least one of the claims on appeal was readable on           
          the drawings which were in existence at the critical date.  Since           
          appellants state on page 2 of their brief that all claims stand             
          or fall together, it is unnecessary to treat the various claims             
          separately, and we will simply refer to the machine ordered by              
          MBCI as “the invention.”  The evidence outlined above shows that            
          prior to the critical date, there was a sale; the question to be            



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