Ex parte GAUGER et al. - Page 7




          Appeal No. 98-1455                                         Page 7           
          Application No. 08/625,936                                                  


          right of the right side plate 102.  It is our opinion that the              
          claimed "integrally formed extruded flange extending outwardly              
          from the body" is readable on this flange of De Rose.  As to                
          claim 17, the thickness of this flange of De Rose is clearly                
          capable of being between about 50% and about 150% of a wall                 
          thickness of a torsion member inserted into the hub 103.                    


               The argument presented by the appellants (brief, pp. 7-                
          11) with respect to claim 16 does not convince us that the                  
          subject matter of claim 16 is novel.  In that regard, we must               
          point out that the claimed subject matter is the linkage                    
          member per se, not the combination of the linkage member,                   
          torsion member and weld seam as set forth in claims 1 through               
          15.  It is our determination that De Rose's hub 103 (i.e., the              
          collar means) is inherently capable of equalizing mass of one               
          of the side plates 102 (i.e., the body) with respect to a                   
          torsion member adjacent a weld site for attaching the side                  
          plate to the torsion member.  The appellants argue that De                  
          Rose does not teach welding the hub 103, and more specifically              
          the flange of the hub, to the torsion member to secure the                  
          side links 102 thereto.  While this is true, we must point out              







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