Appeal No. 2006-0325 Παγε 13
Application No. 10/152,485
performing such function, such a person would not consider the plate-shaped elements
10, 12 to be "dampening elements" as recited in appellant's claims 1 and 6. Moreover,
with particular reference to dependent claims 4 and 8, the examiner's position that
Westermann's threaded rods 20 are "cables or bands" because they resemble a cable
(answer, page 5) is unreasonable. For the foregoing reasons, we cannot sustain the
examiner's rejection of independent claims 1 and 6, or claims 4 and 8 depending
therefrom, as being anticipated by Westermann.
CONCLUSION
To summarize, none of the examiner's rejections is sustained. The decision of
the examiner is REVERSED.
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