Ex parte BURDICK et al. - Page 2




          Appeal No. 2000-1470                                       Page 2           
          Application No. 08/915,706                                                  


               We REVERSE.                                                            
                                     BACKGROUND                                       
               The appellants' invention relates to a track assembly.  A              
          copy of the claims under appeal is set forth in the appendix                
          to the appellants' brief.                                                   


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Leavitt                       1,112,460                Oct.  6,             
          1914                                                                        
          Ritter, Jr. et al.            3,912,336                Oct. 14,             
          1975                                                                        
          (Ritter)                                                                    



               Claims 1-12 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Ritter in view of Leavitt.                                


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the final rejection (Paper No.              
          5, mailed May 11, 1999) and the answer (Paper No. 11, mailed                
          December 30, 1999) for the examiner's complete reasoning in                 








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