Ex parte RITTMUELLER et al. - Page 3




                 Appeal No. 98-2325                                                                                                                     
                 Application No. 08/546,116                                                                                                             


                          A copy of claim 1, which is illustrative of the subject                                                                       
                 matter at issue, is appended to this decision.                                                                                         
                          The following references are relied upon by the examiner                                                                      
                 as evidence of obviousness in support of his rejections under                                                                          
                 35 U.S.C. § 103:                                                                                                                       
                 Cannan et al. (Cannan)                                3,882,961                                    May  13,                            
                 1975                                                                                                                                   
                 Williams                                              4,015,683                                    Apr.  5,                            
                 1977                                                                                                                                   
                 Belley                                                4,759,422                                    Jul. 26,                            
                 1988                                                                                                                                   
                 Japanese patent application                      4453-113173                                       Oct.  3,                            
                 1978                                                                                                                                   
                 (Sakaki)                                                                                                                               


                          Claims 1 through 4, 6 and 7 stand rejected under 35                                                                           
                 U.S.C.                                                                                                                                 
                 § 103 as being unpatentable over Belley in view of Sakaki and                                                                          
                 Williams, and claim 5 stands rejected under 35 U.S.C. § 103 as                                                                         
                 being unpatentable over the references applied in the                                                                                  

                          3(...continued)                                                                                                               
                 measuring the degree of this term. In particular, appellants’ specification                                                            
                 indicates on page 3 that a muffler of greater length would gain “little more                                                           
                 in noise reduction,” an example being a reduction of about 17 db from a value                                                          
                 of about 80 db.                                                                                                                        

                          4Translation attached.                                                                                                        
                                                                           3                                                                            





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