Ex Parte Yoshida - Page 5



          Appeal No. 2004-0332                                                        
          Application No. 09/725,447                                                  

          flanges 12b and 13b constitute bent portions which are inherently           
          capable of deforming in the manner specified in claim 1.                    
               The appellant counters that Horiuchi is not anticipatory               
          because:                                                                    
               [s]ince the reinforcing member 16 is in contact with a                 
               fore portion of the inner pillar 13 forming one part of                
               a fore half portion, the pillar stiffener 12 of the                    
               front pillar 1 does not undergo shock absorbing                        
               deformation when subjected to a colliding impact force                 
               acting from the front of the vehicle.  . . .                           
               Therefore, Horiuchi does not disclose or suggest that                  
               the rear half portion is oriented toward a back of the                 
               vehicle, nor does the reference disclose a reinforcing                 
               member attached thereto so as to serve as a high                       
               rigidity section of the vehicle front pillar.  Further,                
               Horiuchi does not disclose that at least one bent                      
               portion is spaced forward from the reinforcing member                  
               in a longitudinal direction of the vehicle.  In                        
               addition, Horiuchi fails to disclose or suggest that                   
               during collision, the fore half portion is deformed and                
               the at least one bent portion is further bent by a                     
               colliding impact force to thereby absorb the colliding                 
               impact force, as recited in claim 1 [supplemental                      
               brief, pages 6 and 7].                                                 
               The appellant also submits that the so-called bent portions            
          highlighted by the examiner in the marked-up copy of Horiuchi’s             
          Figure 5 are merely joint portions between the front and rear               
          flanges of the pillar (see pages 7 and 8 in the supplemental                
          brief) and that the examiner has failed to provide any objective            
          evidence or cogent technical reasoning to support a conclusion              
          that these bent portions will inherently deform as set forth in             
          claim 1 (see page 8 in supplemental brief).                                 
                                          5                                           



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