Appeal No. 2000-1633 Page 6
Application No. 08/994,159
plurality of bogies each comprising a first hook (Durand's
inserts 20c); a plurality of mounts pivotally connecting said
bogies to said wheel at pre-selected spaced circumferential
locations about said wheel (Durand's hub 17c which define
notches 19c having bores which receive pins 33 to pivotally
connect the inserts 20c to the drive sprocket 10c); and an
impact absorbing cushion member disposed between each of said
bogies and said wheel (Durand's cushioning means 27 disposed
between each insert 20c and the hub 17c).
The appellant argues (brief, pp. 6-9) that the
anticipation rejection is improper since "[t]he cushioned
metallic insert in Durand is not a hook pivotally connected to
the wheel." We do not agree. In our view, the embodiment of
Durand's drive sprocket shown in Figure 7 is readable on the
claimed hook pivotally connected to the wheel. In that
regard, the claim 12 language of "a plurality of bogies each
comprising a first hook " is clearly readable on Durand's[1]
1The American Heritage Dictionary, Second College
Edition, (1982) defines "hook" as "A curved or sharply bent
device, usually of metal, used to catch, drag, suspend, or
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