Ex Parte Spiess - Page 12



          Appeal No. 2006-1692                                       Παγε 12          
          Application No. 10/068,243                                                  

          (brief, page 6) that claims 7 and 10 stand or fall together.  The           
          examiner’s rejection can be found on pages 3 and 4 of the answer.           
          Appellant asserts (brief, page 6) that Thompson does not                    
          show a roller fabricated from a polymeric material, but rather a            
          roller that has a polymeric part.  It is argued (brief, page 7)             
          that “[i]n particular, Thompson et al, teaches that his polymer             
          is not capable of supporting the weights borne by rollers”                  
          because of the disclosure that “with increasing load, the tire is           
          locally flattened to the limiting radial extent R1 minus R2,                
          whereupon all further increments of load are sustained by flange            
          surfaces 15 alone.”  It is additionally argued (id.) that                   
          Thompson does not disclose the claimed burn rate of less than 4             
          inches per minute.  It is further argued (id.) that “the Examiner           
          automatically assumed, without support, that nylon has all the              
          physical properties required for solid aircraft roller, since               
          nylon is in applicant’s list of suitable polymers for a general             
          type of roller.”  It is asserted (brief, pages 7 and 8) that the            
          examiner has made a leap of faith in finding that since Thompson            
          uses nylon, his polymer must also have the physical properties              
          that applicant discloses for an aircraft roller fabricated from a           
          polymeric material.  Appellant adds in the footnote at the bottom           
          of page 8 that “[t]here is perhaps an infinite number of nylons             





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