Appeal No. 2005-0768
Application No. 10/010,203
sides of the gib is a cushion 19 of elastic material,
preferably rubber.
The elasticity of this cushioning member 19
maintains the gib in close contact with the guiding
rail, and as said cushion is formed of elastic
material, it absorbs and nullifies any vibration that
might otherwise occur between the shoe and rail during
the operation of the elevator and likewise said
cushioning member renders the sliding movement of the
gib on the guiding rail, noiseless [page 1: column l,
line 50, through column 2, line 35].
As framed and argued by the appellant, the dispositive issue
with respect to the subject rejection is whether Mason meets the
limitations in claim 2 requiring the at least one vibration
isolator to have a plurality of layers with at least one layer
being a hard layer and at least one layer being a soft layer.
The examiner considers these limitations to be met by the layered
construction embodied by Mason’s iron wood gib 17, elastic rubber
cushion 19 and ostensibly metal shoe 13 (see Figure 3). The
appellant counters that
there is no way any one would see the combination of
elements 17 and 19 or 13 and 19 of Mason as an
“isolator”. Elements 17 and 13 do not form any part of
a vibration isolator. Element 17 is clearly identified
as the gib and element 13 is clearly identified as the
shoe. Neither has any vibration isolation function.
To take a position that the elements 13 and 17 form
part of a vibration isolator is to misconstrue the
teachings of the Mason patent - which clearly states
the cushioning member is solely element 19 [main brief,
pages 11 and 12].
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