Ex Parte Lugt et al - Page 2


             Appeal No.  2006-0833                                                                                  
             Application No.  10/297,832                                                                            


                    The appellants’ invention relates to a rolling element bearing (specification, p. 1).           
             A copy of the claims under appeal is set forth in the appendix to the appellants’ brief.               
                                                 THE PRIOR ART                                                      
                    The prior art references of record relied upon by the examiner in rejecting the                 
             appealed claims are:                                                                                   
             Akamatsu et al. (Akamatsu ‘947)   5,642,947  Jul.    1, 1997                                           
             Akamatsu et al. (Akamatsu ‘672)   5,967,672  Oct. 19, 1999                                             


                                                THE REJECTIONS                                                      


                    Claims  1, 3, 5, 6, 8, and 9 stand rejected under 35 U.S.C. § 102(a) as being                   
             anticipated by Akamatsu ‘947.                                                                          
                    Claims 4 and 7 stand rejected under 35 U.S.C. §102(a) as being anticipated by                   
             Akamatsu ‘672.                                                                                         
                    Claim 10 stands rejected under 35 U.S.C. §103 as being unpatentable over                        
             Akamatsu ‘947 and further in view of engineering design choice.                                        
                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                   
             the appellants regarding the above-noted rejections, we make reference to the answer                   
             (mailed August 25, 2005) for the examiner's complete reasoning in support of the                       
             rejections, and to the brief (filed June 6, 2005) and reply brief (filed October 25, 2005)             
             for the appellants’ arguments thereagainst.                                                            





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