Ex Parte VEIT-SALOMON et al - Page 4




          Appeal No. 2002-1548                                                       
          Application No. 09/408,042                                                 

          examiner has made the following findings in the final rejection            
          (page 2),                                                                  
                    Dominguez et al discloses a car body comprised of two            
               longitudinal beams shown in figure 4 at the point where the           
               roof meets the side walls.  A self supporting roof closing            
               plate 42 is attached in an air tight and water tight manner.          
               Transverse roof arches are located above the roof closing             
               plate 42 are also shown in figure 4 and extend from the               
               corner of the vehicle to the center of the car and are                
               attached to end running boards 46.  These arches are placed           
               directly on top of the closing plate 42.  Auxiliary units 44          
               are placed on the transverse roof arches, another auxiliary           
               member is in the form of an opening to accept lading into             
               the car body.  The closing plates supports a body cover               
               panel 52 wherein the cover panel has a hatch 5 that can be            
               opened.  The body cover panel 52 substantially covers the             
               each of the transverse roof arches.  Another body cover               
               panel straddles the hatch opening as shown in figure 4.               

               Like appellants (brief, pages 5-10), we find no                       
          correspondence between the car body structure seen in Figures 1            
          through 4 of Dominguez and that set forth in claims 1, 3 through           
          8, 11 through 14 and 16 through 20 on appeal.  With particular             
          regard to appellants’ independent claim 1, we note that even if            
          we could agree with the examiner that Dominguez (Fig. 4) shows a           
          car body including two longitudinal roof beams (unnumbered) and a          
          roof closing plate (42) indirectly fastened to them, and                   
          transverse roof arches (unnumbered) connected at their ends to             
          the roof beams and located above the roof closing plate, and               
          auxiliary units (44) placed on the transverse roof arches, we              
          would nonetheless agree with appellants that the examiner’s                
          conclusion that the roof plate (42) of Dominguez Figure 4 is               

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