Ex Parte Rode - Page 3



            Appeal No. 2006-0822                                                                      
            Application No. 10/054,253                                                                


            examiner's answer (mailed July 7, 2005) for the examiner's complete reasoning in          
            support of the rejections and to the appellant's brief (filed April 29, 2005) and reply   
            brief (filed September 9, 2005) for the appellant's arguments thereagainst.               

                                                 OPINION                                              
                 In reaching our decision in this appeal, we have given careful consideration         
            to the appellant's specification and claims, to the applied Teeri and Rode patents,       
            and to the respective positions articulated by the appellant and the examiner.  As a      
            consequence of our review, we make the following determinations.                          
                 We turn our attention first to the anticipation rejection.  The appellant has        
            not argued claims 24, 25 and 28 separately from claim 16.  Therefore, in                  
            accordance with 37 CFR § 41.37(c)(1)(vii), we have selected claim 16 as the               
            representative claim to decide the appeal on this rejection, with claims 24, 25 and       
            28 standing or falling therewith.                                                         
                 Claim 16 reads as follows.                                                           
                             16.  An adjustable spring system comprising:                             
                             a plurality of beveled disc springs axially aligned                      
                        with an adjustable spacer;                                                    
                             wherein said adjustable spacer is plastically                            
                        compressible in a substantially axial direction relative to                   
                        said plurality of beveled disc springs.                                       

                 Teeri discloses a Belleville disk spring pillar assembly comprising Belleville       
            springs 1 bound into one assembly with binding rings 2 at their outer rims and with       
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