Ex Parte MERTEN et al - Page 2




               Appeal No. 2000-2129                                                                                                    
               Application No. 09/090,583                                                                                              


               horizontal links is longer than the pitch t1 of the vertical links.  The flattened longitudinal limbs of                
               the vertical links give the chain a low profile in the vertical direction, which is advantageous in the                 
               environment of use of the chain (e.g., a coal mine), and the difference in pitch of the links facilitates               
               use of the chain with the sprockets found on existing machinery.  A further understanding of the                        
               invention can be derived from a reading of exemplary claim 6, which appears in the appendix to                          
               appellants’ main brief.                                                                                                 
                       The references applied by the examiner against the claims in the final rejection are:                           
               Braun et al. (Braun)                    4,867,300                       Sept. 19, 1989                                  
               Grundken et al. (Grundken)              GB 2,127,127                    Apr.    4, 1984                                 
                       Claims 6-10 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Grundken in                      
               view of Braun.1                                                                                                         
                       Reference is made to appellants’ main and reply briefs (Paper Nos. 17 and 19) and to the                        
               examiner’s answer (Paper No. 18) for the respective positions of appellants and the examiner                            
               regarding the merits of this rejection.  In support of their position that the claims are patentable,                   
               appellants also rely on the declaration filed December 13, 1999 (Paper No. 13).                                         




                                                               Discussion                                                              

                       1In the final rejection, claims 6-10 also were rejected as being unpatentable over Braun in                     
               view of Grundken; however, this rejection has been withdrawn by the examiner.  See Paper No.                            
               24.                                                                                                                     
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