Ex parte HARTMAN - Page 5




          Appeal No. 97-4081                                                          
          Application 08/379,793                                                      



                    With respect to claim 5 rejected under 35 U.S.C.                  
          § 102 and claims 6 through 8 rejected under 35 U.S.C. § 103,                
          these                                                                       
          claims require the cylinders to be interconnected so that                   
          fluid may flow from one cylinder to the other.  The reference               
          does not disclose such a structure and it seems clear that if               
          the motor 35 were replaced by a pump to operate the hydraulic               
          embodiment, the cylinders would not be interconnected but                   
          would be connected through the agency of the pump to a                      
          reservoir.  Furthermore, the examiner has not stated a                      
          rationale of just why it would have been obvious to                         
          interconnect the cylinders of Chatenay épouse Compagnone.                   
          Since the examiner's rejections of claims 5 through 8 do not                
          rest on a sound evidentiary basis, we are constrained  to                   
          reverse these rejections.                                                   





                                       SUMMARY                                        
                    The rejections of claims 1 through 8 are reversed.                

                                          5                                           





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