Ex Parte Gaiser et al - Page 2



         Appeal No. 2004-1811                                                       
         Application 10/253,785                                                     

         demands of modern diesel engines where cylinder pressures can              
         reach as high as 300 bar.  To that end, appellants have devised a          
         monobloc piston having a piston body fabricated of two steel               
         parts joined by a weld line.  Details of the piston construction           
         are set forth in independent claim 1 and a copy of that claim can          
         be found in Appendix A of appellants’ brief.                               

         The prior art references of record relied upon by the                      
         examiner in rejecting the appealed claims are:                             
         Ballheimer et al. (Ballheimer)   5,040,454        Aug. 20, 1991            
         Jarrett                            6,155,157 Dec.  5, 2000                 
         “Basic Features of Good Piston Design” Automotive                          
         Industries, (May 1, 1954), pp. 54-56, 106                                  

         Claims 1 and 2 stand rejected under 35 U.S.C. § 103(a) as                  
         being unpatentable over Jarrett in view of the Automotive                  
         Industries article and Ballheimer.                                         

         Rather than reiterate the conflicting viewpoints advanced by               
         the examiner and appellants regarding the above-noted rejection,           
         we refer to the examiner's answer (Paper No. 9, mailed January 8,          


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