Ex Parte Nakamura et al - Page 4




              Appeal No. 2004-0157                                                                     Page 4                 
              Application No. 09/706,771                                                                                      


              positive scrub radius recited in the claims.”  See Answer, page 5.  The appellants argue                        
              that no suggestion exists in either of the applied references which would have                                  
              motivated the artisan to modify the Ando suspension system in the manner proposed                               
              by the examiner.  We agree, and we will not sustain the rejection of independent                                
              apparatus claim 1 or independent method claim 16, which contains the same limitation,                           
              or of the claims depending therefrom.  Our reasons for arriving at this conclusion follow.                      
                      Edahiro is directed to a rear suspension system for a motor vehicle.  This                              
              reference discloses in Figures 7 and 8 a rear suspension arrangement which comprises                            
              a vertically oriented trailing arm 9 provided with an upper bushing 30 and a lower                              
              bushing 32.  The bushings also are vertically oriented, and each bushing has a pair of                          
              opposed arcuate chambers (30d, 30e, 32d, 32e) connected to one another by                                       
              passages (30f, 32f).  The chambers of upper bushing 30 extend generally horizontally                            
              and this bushing causes the suspension system to resist deformation in the up and                               
              down direction, while the chambers in lower bushing 32 extend generally vertically and                          
              this bushing damps the suspension in the longitudinal direction (column 6, line 64-                             
              column 7, line 5).                                                                                              
                      We fail to perceive any teaching, suggestion or incentive in either reference                           
              which would have led one of ordinary skill in the art to modify the Ando front wheel                            
              suspension system in the manner proposed by the examiner.  While it is true that                                
              Edahiro discloses bushings that resist deformation more in one direction than in the                            








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