Ex parte BENENOWSKI et al. - Page 3




          Appeal No. 1998-2742                                                        
          Application No. 08/751,068                                                  


                                 DECISION ON APPEAL                                   
                    This is a decision on appeal from the examiner's                  
          refusal to allow claim 16 as amended subsequent to the final                
          rejection in a paper filed March 26, 1998 (Paper No. 10).                   
          Claims 18 through 36, which are all of the other claims                     
          remaining in the application, stand allowed.  Claims 1 through              
          14, 15 and 17 have been canceled.                                           


          Appellants’ invention, seen best in Figures 27 through 29                   
          of the application, relates to an expansion joint for part of               
          a railway track, particularly in the vicinity of a bridge                   
          where relative movement between a first fixed rail section                  
          (212) and a second movable rail section (210) can occur.  As                
          noted on page 19 of the specification, the first fixed rail                 
          section (212) is in the form of a pointed tongue, while the                 
          second movable rail section (210) is a stock rail.                          


          Claim 16 reads as follows:                                                  
                         16.  An expansion joint for part of a                        
                    railway track disposed on a foundation                            
                    comprising: a first fixed rail section; a second                  
                    rail section movable in relation to said first                    
                    fixed rail section, said second rail section                      
                                          3                                           





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