Ex parte NEWTON et al. - Page 5




          Appeal No. 2000-0505                                                        
          Application 08/856,743                                                      






          applied prior art does not establish a prima facie case of                  
          obviousness with respect to any of the claims on appeal.                    
          Therefore, the rejections on appeal are reversed.  Our reasons              
          follow.                                                                     
               Turning first to the rejection of claim 10 under 35                    
          U.S.C.                                                                      
          § 112, first paragraph, we note the examiner's opinion with                 
          respect to the objection to the drawings on page 3 that the                 
          mounting of the assembly between a pair of parallel platforms               
          is not shown.  We note that claim 10 calls for the molded                   
          journal box to be provided with an opposing pair of stringers.              
          In our view, the recitation of a pair of parallel platforms in              
          claim 10 is simply an environment in which the stringers mount              
          the journal box.  They are not part of the positively recited               
          ball and socket bearing assembly and, as such, we find no                   
          problem under the enablement provision of 35 U.S.C. § 112,                  
          first paragraph. Accordingly, the rejection of claim 10 under               
          35 U.S.C. § 112 is reversed.                                                

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