Ex parte MAEKAWA et al. - Page 5




          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                  

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