Ex Parte Balzer et al - Page 4




              Appeal No. 2003-0867                                                               Page 4                
              Application No. 09/688,104                                                                               


                            said radiator support being made of magnesium or a magnesium alloy                         
                     material;                                                                                         
                            wherein said radiator support comprises a front portion, an opening                        
                     extending through said front portion, a leg portion extending vertically on each                  
                     side of said opening, a frame mount portion at a lower end of said leg portion for                
                     attachment to a frame of the vehicle, an arm portion extending laterally from                     
                     each side of said front portion, an attachment portion extending longitudinally                   
                     from said arm portion for attachment to a body of the vehicle; and                                
                            wherein said radiator support is a monolithic structure being integral,                    
                     unitary, and one-piece.                                                                           


                     The prior art references of record relied upon by the examiner in rejecting the                   
              appealed claims are:                                                                                     
              Banthia et al. (Banthia)                  5,059,056                  Oct. 22, 1991                       
              Kanemitsu et al. (Kanemitsu)              5,123,695                  June 23, 1992                       
              Junginger                                 6,068,327                  May 30, 2000                        


                     Claims 1, 2, 4 to 6, 9 to 12, 14 to 16 and 18 to 20 stand rejected under 35 U.S.C.                
              § 103 as being unpatentable over Kanemitsu in view of Junginger.                                         


                     Claims 7, 8, 13 and 17 stand rejected under 35 U.S.C. § 103 as being                              
              unpatentable over Kanemitsu in view of Junginger as applied to claims 6 and 16 above,                    
              and further in view of Banthia.                                                                          


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellants regarding the above-noted rejections, we make reference to the final                      







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