Ex parte WERSHE - Page 2




                 Appeal No. 2001-0090                                                                                     Page 2                        
                 Application No. 08/893,890                                                                                                             


                 provided that for purposes of this appeal, claims 4 and 5 are                                                                          
                 assumed to be withdrawn.                   1                                                                                           


                          We REVERSE.                                                                                                                   


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates generally to improved                                                                       
                 spacers for the bearing assemblies for mounting the wheels of                                                                          
                 in-line roller skates (specification, p. 1).  Claim 1 under                                                                            
                 appeal reads as follows:                                                                                                               
                                   In a bearing spacer device for axially separating                                                                    
                          ball bearings in a skate wheel hub, the device                                                                                
                          comprising:                                                                                                                   
                                   an generally cylindrical center portion having an                                                                    
                          outer surface extending between first and second axially                                                                      
                          opposite center portion ends and a central longitudinal                                                                       
                          axis extending between the first and second center                                                                            
                          portion ends;                       a pair of radial shoulders disposed at                                                    
                          the first and second center portion ends to abut and                                                                          
                          axially space the individual ball bearings within the                                                                         
                          skate wheel hub;                                                                                                              
                                   a central bore extending coaxially through the                                                                       
                          center portion to receive an axle pin for mounting the                                                                        
                          skate wheel to a skate;                                                                                                       
                                   the improvement comprising:                                                                                          

                          1We view this as the appellant's acquiesce in the                                                                             
                 examiner's earlier determination (Paper No. 5, mailed November                                                                         
                 5, 1999) that claims 4 and 5 were not readable on the elected                                                                          
                 species of Figures 1-6.                                                                                                                







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