Ex Parte Balzer et al - Page 14




              Appeal No. 2003-0867                                                              Page 14                
              Application No. 09/688,104                                                                               


                    Based on our analysis and review of Kanemitsu and claim 20, it is our opinion                     
              that the differences are the limitations that the claimed radiator support1 is made of                   
              magnesium or a magnesium alloy material and is a monolithic structure being integral,                    
              unitary, and one-piece.                                                                                  


                     In our view, the applied prior art does not teach or suggest modifying                            
              Kanemitsu's upper shroud member 22, shroud member 23, shroud panels 21 and                               
              support member 26  to be a monolithic structure being integral, unitary, and one-piece.                  
              While the applied prior art does teach or suggest modifying each of Kanemitsu's upper                    
              shroud member 22, shroud member 23, shroud panels 21 and support member 26 to                            
              be a single structural member made of cast magnesium, there is insufficient guidance                     
              in the teachings of Kanemitsu and Junginger for an artisan to have combined                              
              Kanemitsu's upper shroud member 22, shroud member 23, shroud panels 21 and                               
              support member 26 together to be an integral, unitary, and one-piece monolithic                          
              structure.  Accordingly,  the decision of the examiner to reject claim 20 under 35 U.S.C.                
              § 103 is reversed.                                                                                       




                     1 Claim 20 recites that 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, [and] an attachment portion extending longitudinally from said arm 
              portion for attachment to a body of the vehicle."                                                        






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