Ex Parte Eckert et al - Page 2

                Appeal 2007-0388                                                                                 
                Application 10/337,459                                                                           
                       Appellants' claimed invention is directed to a wheel and tire assembly                    
                equipped with a brake comprising a brake structure and a brake heat sink                         
                and, in particular, a thermally activated fuse plug having a fuse installed in                   
                the wheel structure such that the fuse extends beyond the wheel structure                        
                toward the brake heat sink to protect the tire from overpressure due to                          
                increased internal inflation gas temperature caused by increased temperature                     
                of the brake heat sink (Specification 1:6-10 and 2:11-16).                                       
                       Independent claim 1 is illustrative of the claimed invention and reads                    
                as follows:                                                                                      
                             1. A method for protecting a pneumatic wheel and                                    
                             tire assembly from overpressure, wherein the                                        
                             wheel is equipped with a brake heat sink, and                                       
                             wherein overpressure is due to increased internal                                   
                             inflation gas temperature caused by increased                                       
                             temperature of the brake heat sink, and wherein the                                 
                             wheel comprises a wheel structure, comprising:                                      
                                    installing a thermally activated fuse plug                                   
                             having a fuse, in the wheel structure such that said                                
                             fuse plug extends the entire fuse beyond the wheel                                  
                             structure towards the brake heat sink.                                              

                                              THE REJECTION                                                      
                       Appellants seek review of the Examiner’s rejection of claims 1-21                         
                under 35 U.S.C. § 103(a) as unpatentable over Stanton (US 3,201,174,                             
                issued August 17, 1965) in view of Harvey (US 4,221,231, issued                                  
                September 9, 1980).                                                                              
                       The Examiner provides reasoning in support of the rejection in the                        
                Answer (mailed May 4, 2006).  Appellants present opposing arguments in                           



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