Ex Parte Kondo - Page 2



            Appeal No. 2006-1815                                                                            
            Application No. 10/178,767                                                                      

            Appellant’s invention relates to an improved structure of a fuel injection pump                 
            for use in internal combustion engines which results in an increase in service life of          
            the fuel injection pump. More  specifically, it is an objective of the invention to             
            provide an improved structure of a fuel injection pump which is designed to                     
            minimize undesirable wear of bearing surfaces of the fuel injection pump (page 2,               
            lines 9-11), particularly those located at either side of the cam (42) and including            
            washers (50, 60) as shown in Figures 2(a) through 3(b) of the application drawings.             
            Independent claim 1 is representative of the subject matter on appeal and a copy of             
            that claim can be found in the Claims Appendix attached to appellant’s brief.                   

            The prior art references of record relied upon by the examiner in rejecting the                 
            appealed claims are:                                                                            
            Higginbotham et al. (Higginbotham) 5,183,340  Feb. 02, 1993                                     
            Shinohara et al. (Shinohara)   6,289,875  Sep. 18, 2001                                         

            Claims 1, 2, 11 and 12 stand rejected under 35 U.S.C. § 103(a) as being                         
            unpatentable over Shinohara in view Higginbotham.                                               

            Rather than reiterate the examiner's commentary regarding the above-noted                       
            obviousness rejection and the conflicting viewpoints advanced by the examiner and               
            appellant regarding the rejection, we make reference to the final rejection                     

            (mailed October 28, 2004) and the examiner's answer (mailed June 7, 2005) for the               
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