Ex Parte Spiess - Page 15



          Appeal No. 2006-1692                                       Παγε 15          
          Application No. 10/068,243                                                  

          through col. 2, line 14).  Thompson further discloses (col. 2,              
          lines 63-65) that the described construction is found to satisfy            
          all stated objects and to provide long life in a light-weight               
          product which will sustain even the worst loads.  It is further             
          disclosed (col. 3, lines 21-28) that “[t]he injected tire                   
          material is basically a tough variety of nylon, which may be                
          compounded with or more additional materials selected from the              
          group one including carbon black, elastomeric material, and glass           
          fiber; and we have obtained our highly satisfactory results using           
          a so-called super-tough nylon known as Zytel, ST-100 Series,                
          being a product of the DuPont Company, Wilmington, Delaware.”               
               From the disclosure of Thompson that the aircraft roller is            
          fabricated from nylon and metal, we find that the aircraft roller           
          meets the claimed “fabricated from a polymeric material,” since             
          the claim does not preclude fabrication from other materials in             
          addition to the polymeric material.  From the disclosure that the           
          roller is for use in aircraft, that it is capable of sustaining             
          even the worst loads, and that the nylon used is a “super-tough             
          nylon” we find that Thompson’s disclosure is sufficient to                  
          establish a prima facie case of anticipation of claim 1.  Note              
          that with respect to the claim language of “having a burn rate of           
          less than four inches per minute” we agree with the examiner that           





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