Ex parte BRAND et al. - Page 7




          Appeal No. 97-1973                                                           
          Application No. 08/248,003                                                   


          skill in the art would have been motivated to relocate Gray's                
          sides or ribs e between the chain and upright edges on the                   
          lower wheel in order to provide a more stable connection                     
          between the bucket and the chain (answer, page 4).  We do not                
          agree.  Gray locates the sides or ribs e, the ends of the rim                
          H, the side pieces of the body portion and the shim f between                
          the double links C for a very specific reason, namely, in                    
          order to completely fill the space between the links C.  Gray                
          teaches that the advantage of such an arrangement is that it                 
          prevents particles of rock or gravel from lodging between the                
          double links C and that this is an important feature of his                  
          invention (page 2, lines 53-59).  Thus, Gray actually teaches                
          away from the modification proposed by the examiner.                         
          Furthermore, there is no indication in Von Bolhar that by                    
          locating the bosses 90 and 91 on the bucket between the link                 
          51 and the "paddle" that the "paddle" will necessarily engage                
          and support the bosses 90 and 91.  We conclude that it is                    
          highly speculative to suggest that if Gray were modified as                  
          proposed in the rejection, the upright edges on the lower                    
          wheel would engage and support the sides or ribs e as                        


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