Ex parte GERBER et al. - Page 7




          Appeal No. 1999-1478                                                        
          Application 08/742,327                                                      


                                       OPINION                                        


               In reaching our decision in this appeal, we have given                 
          careful consideration to appellants’ specification and claims,              
          to the applied prior art references, and to the respective                  
          positions articulated by appellants and the examiner.  As a                 
          consequence of our review, we have made the determinations                  
          which follow.                                                               


               In rejecting claim 1 under either appellants’ admitted                 
          prior art in view of Itoh or alternatively over appellants’                 
          admitted prior art in view of Connard and Itoh, the examiner                
          relies upon Itoh for a teaching of applying a dry film                      
          lubricant to the shaft.  The examiner has taken the position                
          that Itoh discloses that solid lubricating film has excellent               
          lubricating properties and will last for a long time.  The                  
          examiner concludes that it would have been obvious to one of                
          ordinary skill in the art at the time the invention was made                
          to add a dry film lubricant to the shaft of the admitted prior              
          art to prevent damage to the shaft by friction.  The examiner               
          further concludes that in a coal pulverizer a dry film                      
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