Appeal No. 2000-1472
Application No. 08/855,104
We REVERSE.
The appellant’s invention is directed to a variable rate,
hydraulic shock absorber. See specification, p. 1. A copy of
the claims under appeal is set forth in the appendix to the
appellant’s brief (Paper No. 14).
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Ivers et al. (Ivers) 4,972,929 Nov. 27, 1990
Axthammer 2,157,808 Oct. 30, 1985
(Published British application)
Additionally, the examiner relies on the admitted prior
art (APA) illustrated in Figure 2 of the appellant’s drawings.
Claims 1 through 4 stand rejected under 35 U.S.C. §
102(b) as being anticipated by Axthammer.
Claim 5 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Axthammer in view of Ivers or the APA.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellant regarding the above-noted
rejections, we make reference to the answer (Paper No. 15) for
amendment after final rejection, we note that this amendment
has not been clerically entered.
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