Ex parte CHOI et al. - Page 4




          Appeal No. 2000-1632                                                        
          Application No. 09/055,308                                                  


          material and second balls formed of a second material that is               
          different from said first material, wherein said first and said             
          second balls are alternately disposed in said groove.                       
               Independent claim 10 is similar, except that instead of                
          calling for first and second balls formed of different                      
          materials, the last paragraph of claim 10 requires that the                 
          plurality of balls disposed in the groove “are divided into                 
          first balls each having a first diameter and second balls each              
          having a second diameter that is different from said first                  
          diameter.”                                                                  
               The following represents our findings of fact with respect             
          to the scope and content of the Rumsey reference.                           
               We find that Rumsey is directed to a vibration damper                  
          structure adapted to be secured to a rotating shaft (column 1,              
          lines 12-15).  The damper structure of Rumsey comprises a casing            
          11 formed by sections 19 and 20 to jointly define a chamber 15              
          therebetween (column 2, lines 14-16).  An inertia member 12 of              
          high moment of inertia is supported in the chamber 15 (column 2,            
          line 72, through column 3, line 5).  The inertia member 12 and              
          the casing sections 19 and 20 are provided with recessed bearing            
          tracks for receiving plastic bearing balls 13 to restrict axial             
          and radial movement of the inertia member relative to the                   
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