Ex parte RUNGE et al. - Page 3




                 Appeal No. 99-0638                                                                                       Page 3                        
                 Application No. 08/679,023                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a vibration canceler                                                                     
                 on a shaft, the vibration canceler comprising at least two                                                                             
                 half-shells (2) having at least one elastic element (3)                                                                                
                 deformable in a circumferential direction, at least two                                                                                
                 inertial masses (4) and a fastening apparatus (5, 7) joining                                                                           
                 the inertial masses to one another.  The fastening apparatus                                                                           
                 of the invention comprises at least one link element (5) and a                                                                         
                 lock element (7).  A further understanding of the invention                                                                            
                 can be derived from a reading of exemplary claim 1, which                                                                              
                 appears in the appendix to the appellants' brief.                                                                                      
                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:3                                                                                        
                 Hladky et al. (Hladky)                       5,069,054        Dec.  3, 1991                                                            
                 Smith                          5,193,432        Mar. 16, 1993                                                                          
                 Wolf et al. (Wolf)             5,328,408        Jul. 12, 1994                                                                          
                                                                                (filed June 30, 1992)                                                   

                          3Although not expressly relied upon by the examiner, we                                                                       
                 note the appellants' admitted prior art discussed in the last                                                                          
                 paragraph on page 1 of the appellants' specification, which                                                                            
                 appears to show that a vibration canceler as claimed is known,                                                                         
                 except for the particular fastening arrangements claimed.  In                                                                          
                 the event of further prosecution, the examiner may want to                                                                             
                 consider whether the claims are unpatentable over this                                                                                 
                 admitted prior art in combination with Hladky and/or other                                                                             
                 prior art.                                                                                                                             







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