Ex Parte Love et al - Page 4



                    Appeal No. 2004-1078                                                                                                                                  
                    Application No. 09/765,121                                                                                                                            

                    disposed between the compression and tension sections and having                                                                                      
                    longitudinally extending load-carrying cords (18) formed of a                                                                                         
                    high modulus material.  In addition, claim 1 indicates that the                                                                                       
                    power transmission belt further comprises a polymeric backing                                                                                         
                    layer (19) disposed outwardly of the tension section and forming                                                                                      
                    the outer surface of the belt, and a fabric layer (21) disposed                                                                                       
                    between the backing layer and the load-carrying cords.  In the                                                                                        
                    paragraph bridging pages 3 and 4 of the specification, it is                                                                                          
                    emphasized that the outer surface of the polymeric layer (19)                                                                                         
                    defines the outer surface (20) of the belt and acts as a wear                                                                                         
                    surface against a back side idler which is used in some belt                                                                                          
                    drive systems, and also provides a higher coefficient of friction                                                                                     
                    than a fabric backing which is frequently used.  Attention is                                                                                         
                    also directed to page 5, lines 9+, for further details concerning                                                                                     
                    appellants' invention and advantages to be derived therefrom.                                                                                         

                    Looking at the examiner's rejection under § 102(a), we note                                                                                           
                    that Benedict discloses and shows in Figures 1 and 2 a coated                                                                                         
                    abrasive belt (1) with an endless seamless backing loop (5)                                                                                           
                    having abrasive material in the form of abrasive grains (4)                                                                                           
                    adhered to an outer surface thereof by adhesive layers (12, 15,                                                                                       
                    16).  At column 6, lines 2-4, it is indicated that the inner                                                                                          
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