Ex parte BAEHLER - Page 2




          Appeal No. 97-3071                                                          
          Application 08/484,729                                                      




               We REVERSE and, pursuant to our authority under 37 CFR                 
          § 1.196(b), enter new rejections of the appealed claims under               
          35 U.S.C. § 112, first and second paragraphs.                               
               The appellant’s invention pertains to (1) a piston, (2) a              
          cylinder block assembly and (3) a method for reducing wear on               
          a piston bore surface.  Independent claims 1, 8 and 15 are                  
          further illustrative of the appealed subject matter and copies              
          thereof may be found in the appendix to the brief.                          
               The reference relied on by the examiner is:                            
          Fryklund                      3,592,105                July 13,             
          1971                                                                        
               Claims 1-13 and 15 stand rejected under 35 U.S.C. §                    
          102(b) as being anticipated by Fryklund.                                    
               We have carefully considered the subject matter defined                
          by these claims.  However, for reasons stated infra in our new              
          rejections entered under the provisions of 37 CFR § 1.196(b),               
          considerable speculations are necessary to determine how to                 
          make and use the invention defined by these claims, and to                  
          determine what in fact is being claimed.  Since a rejection on              

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