Appeal No. 2004-1078
Application No. 09/765,121
surface (6) of the belt, i.e., the surface opposite that coated
with abrasive material, is generally smooth. Figure 3 of
Benedict shows a perspective view of an endless seamless backing
loop (now designated 30) without any abrasive material applied
thereto, while Figure 4 shows a cross-sectional view of the
endless seamless backing loop (30) taken along section line 4-4
in Figure 3.
In formulating the anticipation rejection of, for example,
claim 1 on appeal the examiner looks to Figure 4 of Benedict and
somehow reads what is clearly the top or outer layer of the
backing loop (30) shown therein as "an inner compression section
(34)" (answer, page 3) and the central portion (35) of the
backing loop as an "outer tension section," with fibrous
reinforcing layer (33) being "a load carrying section . . .
disposed between the compression and tension sections." The
examiner further characterizes the inner layer (36) of the
endless seamless backing loop (30) of Figures 3 and 4 as "a
polymeric backing layer . . . disposed outwardly of the tension
section and forms the outer surface of the belt," and the fibrous
reinforcing layer (32) as a fabric layer disposed between the
backing layer and the load carrying cords.
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