Ex parte BURDICK et al. - Page 4




                 Appeal No. 2000-1470                                                                                     Page 4                        
                 Application No. 08/915,706                                                                                                             


                 obviousness is established by presenting evidence that would                                                                           
                 have led one of ordinary skill in the art to combine the                                                                               
                 relevant teachings of the references to arrive at the claimed                                                                          
                 invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                                                                              
                 1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,                                                                          
                 1016, 173 USPQ 560, 562 (CCPA 1972).                                                                                                   


                          The appellants argue (brief, pp. 5-9; reply brief, pp. 2-                                                                     
                 6) that the applied prior art does not suggest the claimed                                                                             
                 subject matter.  We agree.                                                                                                             


                          All the claims under appeal recite a track assembly                                                                           
                 including a chain defined by a plurality of link members,                                                                              
                 having a wear rail, a plurality of laterally extending pin                                                                             
                 members, and a bushing member mounted for relative rotation                                                                            
                 about the pin member; and an idler having teeth adapted to                                                                             
                 engage the bushing member to substantially eliminate contact                                                                           
                 with the wear rail.  However, these limitations are not                                                                                
                 suggested by the applied prior art  for the reasons set forth2                                                                         

                          2On page 4 of the answer, the examiner refers to a number                                                                     
                                                                                                            (continued...)                              







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