Ex parte HEIN et al. - Page 3




                 Appeal No. 1997-0726                                                                                     Page 3                        
                 Application No. 08/329,398                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a method of                                                                              
                 assembling a fluid damped elastomer mount.  An understanding                                                                           
                 of the invention can be derived from a reading of exemplary                                                                            
                 claim 1, which appears in the appendix to the appellants'                                                                              
                 brief.2                                                                                                                                


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Shtarkman                                                      4,560,150                           Dec. 24,                            
                 1985                                                                                                                                   
                 Eberhard et al. (Eberhard)                            4,650,169                           Mar. 17, 1987                                



                          Claims 1 through 5 stand rejected under 35 U.S.C. § 103                                                                       
                 as being unpatentable over Shtarkman in view of Eberhard.                                                                              





                          2We understand the following terms from claims 1-5 as                                                                         
                 referring to the same element: a sealed fluid composite                                                                                
                 member, a sealed fluid package, said fluid package, and said                                                                           
                 fluid package member.  We also understand the term "said top                                                                           
                 and said bottom diaphragm" recited in claim 5 as referring                                                                             
                 back to the "top diaphragm member" and the "bottom diaphragm                                                                           
                 member" recited in parent claim 4.                                                                                                     







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