Ex parte MARK - Page 3




          Appeal No. 97-1835                                                          
          Application 08/178,068                                                      



                                     REJECTIONS                                       
                    The examiner has rejected claims 1, 4, 5 and 8                    
          through 12 under 35 U.S.C. § 102(b) as anticipated by Mautner.              
          The examiner has found that the protective rubber 8 of Mautner              
          inherently exhibits high stiffness under normal operating                   
          conditions and low stiffness during impact.                                 
                    The examiner has rejected claims 1, 3, 6, 8, 9, 13                
          and 14 under 35 U.S.C. § 102(e) as anticipated by Meyer.  It                
          is the examiner's finding that Meyer's material, closed cell                
          foam                                                                        


          of the urethane type, such as that used by appellant, would                 
          have inherently exhibited high stiffness under normal operat-               
          ing conditions and low stiffness during impact.                             
                    The examiner has rejected claims 1, 6, 8 and 9 under              
          35 U.S.C. § 102(b) as anticipated by Smith.  Again, the exam-               
          iner has found that Smith's yieldable material inherently                   
          exhibits high stiffness during normal operation and low stiff-              
          ness (that it will yield) during impact.                                    



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