Ex Parte Zaharia et al - Page 3


          Appeal No. 2004-0837                                                        
          Application No. 09/778,481                                                  


               an angle of belt wrap around the sheave, and                           
               a worst case loading on a plurality of portions of the belt;           
               (B) determining a portion of the belt that is most likely to           
          wear based upon the consideration from step (A); and                        
               (C) positioning an inspection device relative to the belt              
          and spaced from the sheave such that the inspection device is               
          capable of gathering wear information regarding the portion of              
          the belt from step (B) when the portion is spaced away from the             
          sheave.                                                                     
               The examiner relies on the following prior art:                        
          Yamagami                      4,145,920           Mar. 27, 1979             
          Hirama et al. (Hirama)        4,427,940           Jan. 24, 1984             
          Saito                         5,025,893           Jun. 25, 1991             
          The appellants’ admission at page 1 of the specification                    
          (hereinafter referred to as “admitted prior art”).                          
               The appealed claims stand rejected as follows:                         
          I)   Claims 1 through 19 under 35 U.S.C. § 112, first paragraph,            
               as lacking written descriptive support in the application              
               disclosure as originally filed for the subject matter                  
               presently claimed;                                                     
          II) Claims 1 through 22 under 35 U.S.C. § 112, first paragraph,             
               as lacking a disclosure enabling one of ordinary skill in              
               the art to make and/or use the claimed subject matter;                 
          III) Claims 1, 2 and 4 through 22 under 35 U.S.C. § 103 as                  
               unpatentable over the combined teachings of Yamagami, Hirama           
               and the admitted prior art; and                                        

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