Ex Parte Kurzeja et al - Page 5




          Appeal No. 2003-1569                                                        
          Application No. 09/783,466                                                  

          surface of a bearing cup and a cylindrical bore of a yoke for               
          “cushioning” the area between the two.  Taken in conjunction with           
          these descriptions, and notwithstanding its poor caliber,                   
          original Figure 2 fairly shows that (1) the cylindrical                     
          elastomeric members would prevent contact between the radially              
          outer peripheries of the bearing cups and the inner peripheries             
          of the yoke bores adjacent thereto, (2) the cylindrical                     
          elastomeric members do not extend beyond the axial extent of the            
          bearing cups, and (3) the cylindrical sleeves, i.e., the                    
          cylindrical elastomeric members,4 have cylindrical inner bores              
          closely receiving the outer peripheral surfaces of the bearing              
          cups such that the bearing cups have end cross-sectional areas              
          which do not align with portions of the cylindrical sleeves.                
          Although the examiner’s criticisms of original Figure 2 are well            
          taken, the examiner has not cogently explained, and it is not               
          apparent, why a person of ordinary skill in the art would regard            
          the inconsistencies in the drawing as being anything more than              
          imprecise freehand depictions of the structural features at issue           
          in claims 1, 8 and 11.  Viewed in this light, the disclosure of             
          the application as originally filed would reasonably convey to              


               4 The appealed claims are replete with minor instances of              
          inconsistent terminology which should be corrected in the event             
          of further prosecution.                                                     
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