Ex Parte Ziech et al - Page 3



             Appeal 2007-2817                                                                                    
             Application 11/049,176                                                                              

                   The following rejections are before us for review:                                            
                1. Claims 14, 15, 17, and 23 stand rejected under 35 U.S.C. § 102(b) as                          
                   anticipated by Berckhan.                                                                      
                2. Claims 2, 3, 24, and 25 stand rejected under 35 U.S.C. § 103(a) as                            
                   unpatentable over Stewart and Berckhan.                                                       
                3. Claim 22 stands rejected under 35 U.S.C. § 103(a) as unpatentable over                        
                   Berckhan and Omundson.                                                                        

                                                    ISSUES                                                       
                   Appellants contend that (1) Berckhan fails to disclose “first and second cross                
             members integral with said first and second side members so as to form a unitary                    
             member” (Appeal Br. 4) and “a strut rod having a first end coupled to said                          
             subframe and a second end coupled to a vehicle frame” (Appeal Br. 7), and (2)                       
             “there is no suggestion or motivation to combine the teachings of Stewart and                       
             Berckhan” (Appeal Br. 10).  The Examiner found that the side members 29-30 of                       
             Berckhan, once welded to the two cross members 23-24, form a unitary member,                        
             as claimed (Answer 3), and the torsion rod 61 is equivalent to the claimed strut rod                
             (Answer 5).  The issues before us are whether the terms “integral” and “unitary                     
             member” include members which are welded and whether a torsion rod is                               
             equivalent to a strut rod.                                                                          





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