Ex parte HEIN et al. - Page 8




          Appeal No. 1997-0726                                       Page 8           
          Application No. 08/329,398                                                  


          inner casing wall 30  is "preferably constructed of a rigid                 
          material such as steel."  In addition, as shown in Figures 1                
          and 2 of Shtarkman, the inner casing wall 30 is not shown to                
          undergo any change when the spring strut is moved from its                  
          free state (Figure 1) to its compressed state (Figure 2).                   
          Thus, we conclude that Shtarkman's inner casing wall 30 is not              
          yieldable and thus is not readable on the claimed "upper                    
          compliance member."                                                         


               Since all the limitations of claims 1 through 5 have not               
          been shown to have been obvious from the applied prior art,                 
          the decision of the examiner to reject claims 1 through 5                   
          under                                                                       
          35 U.S.C. § 103 is reversed.                                                



















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