Ex parte GAUGER et al. - Page 16




                 Appeal No. 98-1455                                                                                      Page 16                        
                 Application No. 08/625,936                                                                                                             


                          Claims 1  through 8 are drawn to a linkage assembly4                                                                                                              
                 comprising, inter alia, at least one linkage member having a                                                                           
                 flat body region and a flange member, an elongated torsion                                                                             
                 member and a weld seam integrally attached to the flange                                                                               
                 member and the outer surface of the torsion member.  Claims 95                                                                         
                 through 15 are drawn to a seat track mechanism comprising,                                                                             
                 inter alia, a linkage member having a flat body portion and a                                                                          
                 flange member, a torsion bar and a weld seam integrally                                                                                
                 attached to the terminal surface of the flange member and the                                                                          
                 outer surface of the torsion bar.                                                                                                      


                          In applying the test for obviousness , we reach the              6                                                            
                 conclusion that the claimed subject matter would not have been                                                                         
                 suggested by the applied prior art.  Specifically, we see no                                                                           

                          4In claim 1, line 18, the phrase "the flange" should be                                                                       
                 "the flange member" for proper antecedent basis.                                                                                       
                          5In claim 9, line 39, the phrase "the flange" should be                                                                       
                 "the flange member" and in claim 9, lines 39 and 42, the term                                                                          
                 "rod" should be "bar" for proper antecedent basis.                                                                                     
                          6        The test for obviousness is what the combined                                                                        
                 teachings of the references would have suggested to one of                                                                             
                 ordinary skill in the art.  See In re Young, 927 F.2d 588,                                                                             
                 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller,                                                                           
                 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).                                                                                      







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