Ex parte DEMMIG et al. - Page 5




          Appeal No. 2001-2378                                                        
          Application No. 09/479,932                                                  


               Independent claim 12 sets forth that                                   
               said intermediate layer [is] elastic in response to                    
               forces up to a first amount and [is] rigid in                          
               response to forces greater than said first amount                      
               wherein said first amount is equal to about said                       
               maximum stress level [of the rail].                                    
               Independent claim 14 is somewhat different in that it                  
          refers                                                                      
          to the intermediate layer as a “decoupling means.”                          
          Specifically,                                                               
          claim 14 calls for                                                          
               decoupling means mounted between said securing                         
               device and said sleeper for substantially decoupling                   
               said rail from said sleeper while substantially                        
               preventing stress in said rail from exceeding said                     
               maximum stress level.                                                  
                                The Applied Prior Art                                 
               Meier pertains to a support structure for a rail                       
          comprising,                                                                 
          generally, a bearing member 4, a support plate 3, a rail 1                  
          fastened to the support plate, and an molded elastic part 5                 
          mounted between the support plate and the bearing member.  An               
          objective of Meier is to provide a support structure for a                  
          rail                                                                        
          such that gauge widening does not occur in the rail track when              
          railway cars travel over curved sections of the track.  To                  
          this                                                                        

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