Appeal No. 2004-1811
Application 10/253,785
examiner has not properly dealt with the dimensional
relationships expressly noted on page 7 of appellants’
specification as being “critical” to enabling the piston therein
to operate successfully under high cylinder pressures in the
vicinity of 300 bar (approximately 4260 psi), specifically ISMD =
42-55% of BD and ISW = 3-8% of BD. Instead, the examiner appears
to have merely dismissed these “critical” relationships, and all
of the others set forth in appellants’ claim 1, as being “merely
optimum or workable ranges, achievable by routine
experimentation” (answer, page 6), without any valid support for
such a conclusion.
Since we have determined that the evidence adduced by the
examiner is not sufficient to establish a prima facie case of
obviousness with regard to the subject matter before us on
7
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