Ex parte SMITH et al. - Page 2




          Appeal No. 96-3130                                                          
          Application 08/225,653                                                      


          only other claims remaining in the application, are allowable               
          subject to the requirement that they be rewritten to include all            
          the subject matter of the claims from which they depend.                    
               We AFFIRM-IN-PART and, pursuant to our authority under the             
          provisions of 37 CFR § 1.196(b), enter a new rejection of claim             
          2.                                                                          
               The appellants invention pertains to a cylinder head for an            
          internal combustion engine.  Independent claims 2, 11, 22 and 28            
          are further illustrative of the appealed subject matter and                 
          copies thereof may be found in EXHIBIT A of the appellants'                 
          brief.                                                                      
               The references relied on by the examiner are:                          

          Sperry                   4,159,011      Jun. 26, 1979                       
          Piatti                   5,148,781      Sep. 22, 1992                       
                                                                                     
               Claim 2 is rejected under 35 U.S.C. § 102(e) as being                  
          anticipated by Piatti.                                                      
               Claims 11, 22, 23, 26 and 28 are rejected under 35 U.S.C.              
          § 103 as being unpatentable over Piatti in view of Sperry.                  
               The examiner's rejections are explained on pages 3-5 of the            
          answer.  The arguments of the appellants and examiner in support            
          of their respective position may be found on pages 14-34 of the             


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