Appeal No. 1999-0368
Application 08/636,033
knuckle that (1) has voids and an outer configuration which
are different from an existing AAR Standard knuckle, (2)
weighs substantially less than such an AAR Standard knuckle,
(3) has functioning parts which are substantially the same as
those of an AAR Standard knuckle, and (4) functions like an
existing AAR Standard knuckle when installed. In rejecting
the appealed claim based on Packer, it appears that the
examiner has assumed that the “standard” knuckle of Packer’s
era (e.g., a coupling made in accordance with M.C.B.
standards ) conforms to present day AAR Standards,1
notwithstanding that Packer is silent on this point.
Appellants disputed this position, and in fact submitted a
declaration by co-inventor Scott A. Beatty which states that
the ‘863 patent to Packer discloses an emergency
knuckle 5 which is totally unsuitable for use in a
modern or present day AAR Standard E or F type
railroad car coupler, since the Packer knuckle 5,
unlike a present day AAR Standard knuckle, is
provided with an outstanding lug 12 which would
certainly not fit or function in a modern AAR
Standard E or F type coupler . . . .
The examiner has not challenged the facts alleged in the
1 See Packer, page 1, lines 18-25 and 90-95, and page 2,
lines 1-3.
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