Ex parte BENENOWSKI et al. - Page 5




          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                                                                     


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