Appeal No. 2000-1633 Page 7
Application No. 08/994,159
inserts 20c since each insert is a curved device used to catch
or engage a bushing of the track for track driving purposes.
Furthermore, the claimed language that the bogies are
pivotally connected to the wheel is, in our view, clearly
inherent in the embodiment of Durand's drive sprocket shown in
Figure 7 since each insert 20c is connected to the drive
sprocket 10c by a single pin 33. The provision of the
oversized apertures 34 and the cushioning means 27c would
inherently permit a limited amount of pivotable movement of
the inserts 20c with respect to the sprocket 10c.
Accordingly, Durand's inserts 20c are pivotally connected to
the sprocket 10c.
After the USPTO establishes a prima facie case of
anticipation based on inherency, the burden shifts to the
appellant to prove that the subject matter shown to be in the
prior art does not possess the characteristics of the claimed
invention. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964,
966 (Fed. Cir. 1985); In re King, 801 F.2d 1324, 1327, 231
1(...continued)
fasten something."
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