Ex Parte Spiess - Page 17



          Appeal No. 2006-1692                                       Παγε 17          
          Application No. 10/068,243                                                  

          supporting the weights borne by rollers.  The passage referred to           
          by appellant is discussing how the invention does not require               
          tire 17 to take on excess force during overload conditions.  This           
          is supported by Thompson’s disclosure that his invention                    
          overcomes problems in the prior art where the tire was overloaded           
          and failed prematurely (col. 1, lines 19-25 and 38-41).  This is            
          further supported by the disclosure of Thompson (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.”                                   
          Nor are we persuaded by appellants assertion (brief, page 7)                
          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.”  From our review of appellant’s              
          specification, we find that the reference to nylon on page 5 is             
          not referring to a general type of roller, but rather to roller             
          10 of appellant’s invention.  Nor are we persuaded by appellant’s           
          assertion (brief, page 8) that Thompson does not disclose the               
          compressibility strength, impact strength and flexural strength             
          of claim 13.  From our findings, supra, that Thompson discloses             
          the roller to be fabricated from super-tough nylon, to be used              





Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November 3, 2007