Ex Parte JONES - Page 2




          Appeal No. 2002-2132                                                        
          Application 09/124,907                                                      


               said shell member having a base plate, a leading edge, a               
          trailing edge, and an elastic material arranged on said base                
          plate allowing for a compressible surface gain; and                         
               a lock-up device, secured in a gap of said cylinder, for               
          securing the trailing edge, including a tensioning member secured           
          on a base, which base pivots about an axis;                                 
               wherein the leading edge and trailing edge are positioned in           
          such a manner providing a gap therebetween; and                             
               wherein the base is biased to pivot about the axis in such a           
          manner that the tensioning member provides tension in at least a            
          direction tangential to the cylinder.                                       
                                   THE PRIOR ART                                      
               The items relied on by the examiner to support the final               
          rejection are:                                                              
          Duckett et al. (Duckett)        3,882,750        May  13, 1975              
          Kirkpatrick                     4,982,639        Jan.  8, 1991              
          Huber et al. (Huber)            5,163,584        Nov. 17, 1992              
          Neal                            5,916,346        Jun. 29, 1999              
          The subject matter discussed at lines 9 through 11 on page 2 in             
          the appellant’s specification (the admitted prior art)1                     
                                   THE REJECTIONS                                     
               Claims 1, 3 through 14 and 17 through 23 stand rejected                
          under 35 U.S.C. § 112, first paragraph, as being based on a                 
          specification which does not describe the claimed invention in              
          such a way as to reasonably convey to one skilled in the relevant           
          art that the appellant had possession thereof at the time the               
          application was filed.                                                      


               1 The appellant does not dispute that this subject matter is           
          prior art relative to the claimed invention.                                
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