Ex parte ROY et al. - Page 3




          Appeal No. 2000-1274                                                        
          Application No. 08/977,286                                                  


               The references applied in the final rejection are:                     
          Neumann                  3,675,909                     Jul. 11,             
          1972                                                                        
          Kovacs                   4,393,680                     Jul. 19,             
          1983                                                                        
          Kusaba                   5,287,715                     Feb. 22,             
          1994                                                                        
               Claims 1 to 4 and 6 stand finally rejected as                          
          unpatentable over Neumann in view of Kovacs and Kusaba, under               
          35 U.S.C.                                                                   
          § 103(a).                                                                   
               The examiner’s basis for the rejection is set forth on                 
          the third and fourth pages of the answer, and need not be                   
          repeated here.                                                              
               After fully considering the record in light of the                     
          arguments presented in the appellants’ brief and the                        
          examiner’s answer, we conclude that the rejection is not well               
          taken.                                                                      
               The examiner characterizes Neumann’s element 10 as a                   
          "rolling line" and asserts that "Nowhere in the claims does                 
          the Applicant [sic] specifically state that the 'rolling line’              
          include[s] roll stands."  This statement is not understood,                 
          since independent claims 1 and 6 do not even recite a "rolling              

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