Ex parte LIEPOLD et al. - Page 4




          Appeal No. 98-1938                                                          
          Application 08/570,196                                                      


          careful consideration to appellants’ specification and claims,              
          to the applied prior art references, and to the respective                  
          positions articulated by appellants and the examiner. As a                  
          consequence of our review, we have made the determination that              
          we will not sustain the examiner’s rejections of the appealed               
          claims under 35 U.S.C. § 103. Our reasoning follows.                        
          In reviewing the teachings of Jorgensen and Honsa as                        
          applied to claims 31 through 33, 40 through 42 and 48 through               
          50 under 35 U.S.C. § 103, we must agree with appellants                     
          (brief, pages 5-10 and reply brief, pages 2-4) that the                     
          applied prior art references do not teach, suggest or render                
          obvious the hub structure set forth in the above enumerated                 
          claims on appeal. Independent claim 31 specifically requires                
          that the inner and outer rings of the claimed hub structure                 
          are connected to one another by flexibly deformable                         
          intermediate elements “so as to prevent movement of the outer               
          ring relative to the inner ring in the circumferential                      
          direction of said outer ring” (emphasis added). In contrast to              
          this requirement, Jorgensen specifically discloses (col. 1,                 
          lines 31-42 and col. 2, lines 34-50) that there is relative                 
          rotation between the outer (5) and inner (9) rings of the tape              
                                         -4-                                          





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007