Ex parte BOBROW et al. - Page 6




          Appeal No. 98-0336                                                          
          Application 08/761,014                                                      


                    corresponding to the maximum amount of energy                     
                    that the spring is able to absorb prior to                        
                    the compression of the spring, the spring                         
                    will deflect thereby opening and/or relaxing                      
                    the valve 12 to release the energy of the                         
                    fluid pushing on the piston to thereby                            
                    provide a dampening force to the system which                     
                    was created by the movement of the piston 3                       
                    that is attached to the moving structure to                       
                    be damped.  [Page 4.]                                             
               This position is also unpersuasive.  While Kobori's                    
          dampening device remains "hydraulically locked" until a                     
          sufficient force P1 is exerted on the valve spool 27 to overcome            
          the bias of spring 28 (see column 6, lines 33 et seq.), there is            
          no means for "determining when a predetermined amount of energy             
          is stored . . . by movement of said structure" (claim 1;                    
          emphasis added) or "a sensor coupled to said resettable truss               
          element for determining energy stored in said truss element"                
          (claim 15; emphasis added).                                                 
               The rejections of claims 1-6, 8, 11-13 and 15-20 under                 
          35 U.S.C. § 103(e) and claims 7, 9, 10 and 14 under 35 U.S.C.               
          § 103(a) are reversed.                                                      
                                       REVERSED                                       






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