Ex parte HABLE et al. - Page 11




          Appeal No. 1997-2686                                                        
          Application 08/346,635                                                      


          We agree with the examiner that the intermediate                            
          layers of Habegger are damping layers within the broad meaning              
          of that term.  We also agree with the examiner that the                     
          collective teachings of the applied prior art would have                    
          suggested the obviousness of adding damping layers to the two-              
          layer belt of Eggebeen.  Therefore, we sustain the rejection                
          of claims 7, 8, 19 and 20.                                                  
          We now consider the rejection of claim 13 based on the                      
          teachings of Eggebeen, Von Behren and Balloni.  Appellants’                 
          only argument with respect to this rejection is that Balloni                
          does not overcome the deficiencies of Eggebeen and Von Behren               
          as discussed above.  Since we have found no deficiencies in                 
          the examiner’s application of Eggebeen and Von Behren, we                   
          sustain the examiner’s rejection of claim 13.                               
          In summary, the examiner’s rejection of all pending                         
          claims under 35 U.S.C. § 103 has been sustained with respect                
          to claims 2, 5-15, 17, 19 and 20, but has not been sustained                
          with respect to claims 3 and 4.  Therefore, the decision of                 
          the examiner rejecting claims 2-15, 17, 19 and 20 is affirmed-              
          in-part.                                                                    


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