Appeal No. 2004-1192
Application No. 09/691,631
and at least a first side disposed longitudinally between the first
and second end where this first side has a concave portion in a
generally vertical plane of the railway car (Brief, page 3).
Representative independent claim 1 is reproduced below:
1. A railway car comprising:
a first end and a second end; and
a first side disposed longitudinally between the first end
and the second end, the first side including an arcuate concave
portion in a generally vertical plane of an outer surface thereof,
wherein the depth of the arcuate concave portion varies along the
longitudinal length of the concave portion.
The examiner has relied upon the following references in
support of the rejections on appeal:
Geyer et al. (Geyer) 3,712,250 Jan. 23, 1973
Gielow et al. (Gielow) 4,738,203 Apr. 19, 1988
Claims 1-3, 8 and 9 stand rejected under 35 U.S.C. § 102(b)
as anticipated by Geyer (Answer, page 3). Claims 1-3 and 8 stand
rejected under 35 U.S.C. § 102(b) as anticipated by Gielow (Answer,
page 4). We reverse both rejections on appeal essentially for the
reasons stated in the Brief and those reasons set forth below.
2
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