Ex Parte Baxter - Page 2




              Appeal No. 2004-1076                                                               Page 2                
              Application No. 09/684,893                                                                               


                                                   BACKGROUND                                                          
                     The appellant's invention relates to an oil pan and transfer case housing                         
              assembly (specification, p. 1).  A copy of the claims under appeal is set forth in the                   
              appendix to the appellant's brief.                                                                       


                     Claims 1, 6 and 7 stand rejected under 35 U.S.C. § 103 as being unpatentable                      
              over Japanese Published Unexamined Patent Application No. 03-043626 to Kondoo et                         
              al.1 (Kondoo) in view of U.S. Patent No. 5,941,136 to Kusukawa et al.2 (Kusukawa).                       


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellant regarding the above-noted rejection, we make reference to the answer                       
              (Paper No. 16, mailed September 9, 2003) for the examiner's complete reasoning in                        
              support of the rejection, and to the brief (Paper No. 15, filed February 13, 2003) and                   
              reply brief (Paper No. 18, filed November 10, 2003) for the appellant's arguments                        
              thereagainst.                                                                                            






                     1 Published February 25, 1991.  In determining the teachings of Kondoo, we will rely on the       
              translation of record provided by the USPTO.                                                             
                     2 Issued August 24, 1999.                                                                         







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