Appeal No. 1998-2742 Application No. 08/751,068 said movable second rail section; said first rail section has a switch tongue shape and said second rail section is a stock rail. The sole prior art reference relied upon by the examiner in rejecting the appealed claim is: Weir 411,362 Sep. 17, 1889 Claim 16 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Weir. Rather than attempt to reiterate the examiner's full commentary with regard to the above-noted rejection and the conflicting viewpoints advanced by the examiner and appellants regarding the rejection, we make reference to the examiner's answer (Paper No. 13, mailed July 15, 1998) for the reasoning in support of the rejection, and to appellants’ brief (Paper No. 12, filed March 30, 1998) for the arguments thereagainst. OPINION 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007