Appeal No. 2000-1628 Application No. 09/163,013 Kawaguchi and Yoshino, the examiner’s primary references, disclose metal gaskets for use between the cylinder block and cylinder head of an internal combustion engine. The examiner (see pages 3 and 4 in the answer) considers that the Kawaguchi gasket includes a “raised spacer layer” in the form of a “soft” member 50 (see Figure 10), and that the Yoshino gasket includes a “raised spacer layer” in the form of an edge portion 52e of intermediate plate 52 (see Figure 5). Kawaguchi teaches that member 50 “may be a soft metal sheet, a heat-insulating graphite sheet, an aramide type heater sheet, a resin or a rubber” (column 10, lines 9 and 10), which functions to improve deformability of adjacent stop portion 35, absorb irregularities of the opposed block and head fitting surfaces and absorb vibration between the head and block during operation of the engine (see column 10, lines 15 through 23). Yoshino teaches that intermediate plate 52 is made of material which is “softer” than that of gasket base plates 4 and 6 (see column 8, lines 33 through 36). Under one theory, advanced for the first time in the answer, the examiner submits that claim 14 “could be considered to be met by either Kawaguchi et al. or Yoshino 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007