Appeal No. 97-2605
Application 08/272,782
pending in the application, stand withdrawn from consideration
pursuant to 37 CFR § 1.142(b).
The invention relates to “cam arrangements of the type used,
for example, to control the intake and exhaust valves of internal
combustion engines” (specification, page 1). Claim 8 is
illustrative of the subject matter on appeal and reads as
follows:
8. A cam arrangement having a cam profile surface
comprising a plurality of punched layers of flat sheet stock
assembled in aligned and laterally adjacent relation and
providing a camshaft opening, and fastening means for joining the
layers together at a location outside the cam profile surface
wherein the fastening means comprises at least one weld joint
adjacent to the camshaft opening.
The references relied upon by the examiner as evidence of
obviousness are:2,3
2English language translations of these references,
prepared on behalf of the Patent and Trademark Office, are
appended hereto.
3Although the examiner refers to U.S. Patent No. 5,053,610
to Landtwing et al. in the main answer (Paper No. 13, see pages 4
and 7) to support his position, this patent has not been included
in the statement of either of the rejections on appeal. Where a
reference is relied on to support a rejection, whether or not in
a minor capacity, there is no excuse for not positively including
the reference in the statement of the rejection. In re Hoch, 428
F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
Accordingly, we have not considered the teachings of Landtwing et
al. in reviewing the merits of the examiner's rejections.
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