Ex Parte PALINKAS - Page 6




              Appeal No. 2004-1395                                                                 Page 6                
              Application No. 09/407,053                                                                                 


                     the elastomeric spring is so designed so that throughout its total travel from free                 
                     height, it is folding and flexing rather than compressing. The loaded area remains                  
                     essentially the same throughout its total travel. This is accomplished by                           
                     designing the pre-formed thermoplastic elastomeric spring so that the outside                       
                     diameter minus the inside diameter is less than the solid height within the side                    
                     bearing.                                                                                            


                     Magowan's invention relates to a spring for a railroad car.  As shown in Figures                    
              1-2, the spring includes a central cylindrical core A of India rubber, two surrounding                     
              rings B of India rubber having a circular cross-section, a box D surroundings the rings B                  
              and a follower C of corresponding configuration with the interior of the box so as to form                 
              an opposite bearing for the spring.  Magowan teaches that his spring has a high degree                     
              of elasticity, great bearing strength and may be manufactured with great economy.                          


                     After the scope and content of the prior art are determined, the differences                        
              between the prior art and the claims at issue are to be ascertained.  Graham v. John                       
              Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                                    


                    Based on our analysis and review of Carlston and claim 15, it is our opinion that                   
              the only difference is the limitation that the toroid spring has an outside diameter minus                 
              an inside diameter equal to or greater than a height when positioned in the bearing pad                    
              assembly.                                                                                                  








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