Ex parte LUSTIG - Page 4




          Appeal No. 1997-4374                                       Page 4           
          Application No. 08/317,679                                                  


               process of making the joint.  Moreover, the                            
               examiner takes Official Notice that cold                               
               extrusion and forging processes are well known                         
               in the art, and it is possible for the housing                         
               of Buhl to be manufactured by a cold extrusion                         
               process and the shaft by a forging process.                            
               As evidence of the Official Notice taken                               
               above, the Examiner cites Hasler et al.                                
               4,618,163.  Hasler et al. shows automotive                             
               chassis in which an extruded member is welded                          
               to a forged member (Col 3, lines 58-60; Col 4,                         
               lines 1-4; Col 3, lines 24-27).  As evidence                           
               of the motivation of providing a strong, yet                           
               low cost connection between the shaft and                              
               housing, the [Australian] reference and the                            
               excerpt from the book Robotic and Automated                            
               Manufacturing, is cited (emphasis in the                               
               orignal; answer, page 4).                                              

               We cannot sustain the appealed rejection.  In the first                
         place, there is no teaching in the Australian patent or any of               
         the other cited references, for that matter, of dividing Buhl’s              
         one piece housing and shaft structure (1, 2) into separate                   
         housing and shaft parts and then contour welding those parts                 
         together.  In this regard, there is no evidence of record that               
         a contour welded connection between separately formed housing                
         and shaft parts would be stronger than the unitary connection                
         in Buhl’s one piece housing and shaft structure to provide the               
         motivation for dividing Buhl’s one piece structure into                      









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