Ex Parte Gaiser et al - Page 4



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

         to the outer ring wall, at an upper end, by the combustion bowl            
         wall and at a lower end by a lower wall; an inner oil gallery              
         (142) between said walls and having a top (94) which extends               
         above the top edge of the upper ring groove (66); a pair of                
         depending pin bosses having pin bores (118) aligned along a pin            
         axis; and a piston skirt (44) formed as one immovable piece with           
         the pin bores and having upper and lower surfaces. The examiner            
         concedes (answer, page 4) that the piston of Jarrett does not              
         have any of the various dimensional relationships set forth in             
         claim 1 on appeal.                                                         

         To account for the many noted differences between the piston               
         of Jarrett and the steel monobloc piston of appellants’ claim 1,           
         the examiner looks to the Automotive Industries article and                
         Ballheimer, urging that the Automotive Industries article teaches          
         an aluminum piston having certain of the dimensional                       
         relationships required in appellants’ claim 1, and that                    
         Ballheimer teaches a steel piston having CH = .45-.60. The                 
         examiner then concludes (answer, page 5) that                              
                   Since Basic Features of Good Piston Design teaches               
              dimensions for an aluminum piston, since Ballheimer et al             
              teaches that some of the dimensions are for steel pistons,            
              and since Jarrett does not teach dimensions of the steel              
              piston; it would have been obvious at the time the invention          
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