Ex parte DANEK - Page 2




                 Appeal No. 96-2670                                                                                                                     
                 Application 08/232,677                                                                                                                 


                 page 1 in the examiner’s answer, Paper No. 8).  Thus, the appeal as to claims 9                                                        
                 through 11 and 26 through 28 is hereby dismissed, leaving for review the standing                                                      
                 rejections of claims 1 through 8, 12 through 25 and 29 through 34.                                                                     
                          The invention relates to a “hydraulic shock absorber for a vehicle suspension                                                 
                 wherein the hysteresis effects of the compressibility of the fluid employed in the shock                                               
                 absorber can either be compensated for and/or employed to change the damping                                                           
                 characteristics as desired” (specification, page 1).  Claim 1 is illustrative and reads as                                             
                 follows:                                                                                                                               
                          1.   A hydraulic shock absorber for a vehicle comprising a pair of relatively                                                 
                 movable members each adapted to be fixed relative to a respective relatively movable                                                   
                 component of a vehicle suspension system and defining a fluid chamber the volume of                                                    
                 which varies upon relative suspension movement of said components, a conduit for                                                       
                 transferring fluid to and from said chamber upon variations in the volume of said                                                      
                 chamber, a damping arrangement for controlling the rate of flow through said conduit                                                   
                 for damping said suspension movement, and compensating means for altering the                                                          
                 damping rate to reflect the effect of the compressibility of the fluid in said shock                                                   
                 absorber.                                                                                                                              
                          The reference relied upon by the examiner as evidence of anticipation is:                                                     
                 Bartholomaus et al., German Patent                    3,742,883                  Jul.  6, 1989                                         
                 Document (Bartholomaus)2                                                                                                               




                          2An English language translation of this reference is appended to the                                                         
                 appellant’s brief (Paper No. 7).  An additional translation, prepared by the Patent and                                                
                 Trademark Office, is appended to this decision for the appellant’s convenience.                                                        

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