Ex parte YOSHIDA - Page 5




          Appeal No. 1997-0061                                                        
          Application 08/246,140                                                      

          the rejection in the Examiner's Answer.  Appellants'                        
          arguments that "[t]here is simply not enough information set                
          forth in the references to identify the K value of these                    
          devices as claimed by Applicants" (Br6) is not persuasive                   
          because Shrader and Bauder together provide sufficient                      
          information to calculate the K value.                                       
               With respect to Appellants' argument that the spring of                
          the disclosed invention and the spring of Shrader have a                    
          much different shape and that "[t]here is simply no                         
          indication that these two distinctly shaped springs would                   
          have similar K values for which a valid comparison could be                 
          made" (RBr3), we note that such argument is not commensurate                
          in scope with claim 1.  Claim 1 does not recite any special                 
          spring shape.                                                               
               In our opinion, a shape factor K in a range from                       
          10 mm /kg to 100 mm /kg, wherein the shape factor K is3           3                                                         
          determined by the given equation, does not alone provide the                
          advantages described in the specification.  The shape factor                
          equation does not include any terms that would account for                  
          material.  For example, a stainless steel spring is going to                
          be more resilient than an aluminum spring.  Furthermore, the                

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