Ex Parte Chase et al - Page 1




                              The opinion in support of the decision being entered today was not written                    
                                      for publication and is not binding precedent of the Board.                            



                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                       ____________                                                         
                                     BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                  AND INTERFERENCES                                                         
                                                       ____________                                                         
                     Ex parte LEE A. CHASE, ELDEAN WEIDMAYER and GREGORY R. HAULER                                          
                                                       ____________                                                         
                                                   Appeal No. 2005-1698                                                     
                                                 Application No.09/775,425                                                  
                                                       ____________                                                         
                                                         ON BRIEF                                                           
                                                       ____________                                                         
              Before FRANKFORT, NASE and BAHR, Administrative Patent Judges.                                                
              BAHR, Administrative Patent Judge.                                                                            



                                                  DECISION ON APPEAL                                                        
                     This is a decision on appeal from the examiner's final rejection of claims 1-6, 8-                     
              11, 13-20, 22-25, 27 and 28.  Claims 7, 12, 21 and 26 have been cancelled.                                    


                                                     BACKGROUND                                                             
                     The appellants’ invention relates to a wheel and overlay assembly.  A significant                      
              feature of the appellants’ invention is that the peripheral lip of the overlay has a radially                 
              outermost edge aligned within a predetermined margin of the radially outermost edge of                        
              the flange lip of the wheel such that the peripheral lip of the overlay cannot extend                         





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