Ex parte KOLODZIEJ et al. - Page 8




          Appeal No. 2000-1304                                                        
          Application No. 08/994,974                                                  


          independent claims 1 and 14.                                                
               Therefore, we shall sustain the standing 35 U.S.C. §                   
          103(a) rejection of claims 1 and 14 as being unpatentable over              
          the admitted prior art in view of Sheen.                                    
               We also shall sustain the standing 35 U.S.C. § 103(a)                  
          rejection of dependent claims 3 and 15 as being unpatentable                
          over the admitted prior art in view of Sheen since the                      
          appellants have not challenged such with any reasonable                     
          specificity, thereby allowing these claims to stand or fall                 
          with parent claims 1 and 14, respectively (see In re Nielson,               
          816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987)).                 
               Claims 4 through 6 depend from claim 1 and require the                 
          hub and sleeve to be fixed together using adhesive (claim 4),               
          welding (claim 5) or brazing (claim 6).  The record does not                
          show that any of these well known fixing expedients solves a                
          stated problem or presents a novel or unexpected result.  In                
          this light, the examiner’s conclusion (see page 5 in the                    
          answer) that they would have been obvious matters of design                 
          choice within the skill in the art is well taken (see In re                 
          Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 8-9 (CCPA 1975)).                     
               Hence, we shall sustain the standing 35 U.S.C. § 103(a)                
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