Ex parte BSCHORR et al. - Page 2




                 Appeal No. 1998-1452                                                                                                                   
                 Application 08/408,006                                                                                                                 


                 application, stand withdrawn from consideration pursuant to 37                                                                         
                 CFR § 1.142(b).  We reverse.                                                                                                           


                          The subject matter on appeal relates to “a device for                                                                         
                 avoiding squeaking noises on a window pane, particularly a                                                                             
                 passenger car side window which can be displaced transversely                                                                          
                 to a seal resting against the pane” (specification, page 1).                                                                           
                 Claim 1 is illustrative and reads as follows:2                                                                                         
                          1.       Arrangement for avoiding generation of squeaking                                                                     
                 noises by a window pane which is displaced relative to a                                                                               
                 sealing element resting thereon, wherein:                                                                                              
                          said sealing element comprises a hollow strip; and                                                                            
                          a vibration damping element is coupled to receive                                                                             
                 vibrations from said sealing element;                                                                                                  
                          wherein said vibration damping element provides an                                                                            
                 additional modal damping R which satisfies the inequality                                                                              
                                                               K - F  + R > O                                                                           
                                                                        1                                                                               
                 K being a constant, and F [sic, F ], being the first                                                                                   
                                                                            1                                                                           
                 derivative of force exerted by said sealing element with                                                                               
                 respect to speed of said sealing element.                                                                                              


                          2Our review of the appealed claims indicates that the                                                                         
                 references to the “absorbing” element in claims 2, 4, 5 and 11                                                                         
                 lack a proper antecedent basis, an informality which is                                                                                
                 deserving of correction in the event of further prosecution                                                                            
                 before the examiner.                                                                                                                   
                                                                         -2-                                                                            





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