Ex Parte PALINKAS - Page 2




              Appeal No. 2004-1395                                                                 Page 2                
              Application No. 09/407,053                                                                                 


                                                    BACKGROUND                                                           
                     The appellant's invention relates generally to springs and is more specifically                     
              directed to devices that dampen lateral rolling motions that occur during the movement                     
              of railroad cars (specification, p. 1).  A copy of the claims under appeal is set forth in the             
              appendix to the appellant's brief.                                                                         


                     The prior art references of record relied upon by the examiner in rejecting the                     
              appealed claims are:                                                                                       
              Magowan                                   136,079                      Feb. 18, 1873                       
              Platkiewicz et al. (Platkiewicz)          4,465,799                    Aug. 14, 1984                       
              Carlston                                  4,998,997                    Mar. 12, 1991                       
              Curtis et al. (Curtis)                    5,036,774                    Aug. 6, 1991                        
              Spencer et al. (Spencer)                  5,086,707                    Feb. 11, 1992                       


                     Claims 15, 19 and 20 stand rejected under 35 U.S.C. § 103 as being                                  
              unpatentable over Carlston in view of Magowan.                                                             


                     Claims 1, 3, 5 to 8, 10 to 14, 17, 18, 21 and 22 stand rejected under 35 U.S.C.                     
              § 103 as being unpatentable over Carlston in view of Magowan in view of Platkiewicz                        
              and further in view of Curtis and Spencer.                                                                 











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