Ex Parte YAMAGUCHI et al - Page 5




          Appeal No. 2002-2092                                                        
          Application 09/328,467                                                      


          While we find no fault with the examiner’s above-noted                      
          combination of the applied patents to Passaniti and Georgopoulos,           
          we do not agree with the examiner’s findings concerning the                 
          gasket seen in Figure 4A of Passaniti, or with the examiner’s               
          apparent position that the proposed combination of these patents            
          in the manner set forth in the rejection before us on appeal                
          would result in the subject matter claimed by appellants.                   


          Independent claims 1 and 7 on appeal require a gasket which                 
          includes “a cylindrical portion whose lower portion is gradually            
          increased in thickness towards the lower end thereof,” i.e., hub            
          portion (3) as seen in Figure 10 of the application, a disc-                
          shaped portion (4) formed contiguously along the outer                      
          circumference of and concentrically with the cylindrical portion,           
          and a thin portion (5) formed between the cylindrical and disc-             
          shaped portions, concentrically with the cylindrical portion and            
          in a position nearer to the bottom of the disc-shaped portion,              
          with “the boundary between the cylindrical and thin portions                
          being chamfered or curved,” as more clearly shown in Figures 13A            
          and 13B of appellants’ application.  While we agree with the                
          examiner that the gasket seen in Figure 4A and/or Figure 3B of              
          Passaniti includes a central cylindrical hub portion (44) having            
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