Appeal No. 2004-2154 Page 6
Application No. 10/067,049
9). Inasmuch as Freitag expressly contrasts the pneumatic springs under the engine
compartment hoods or trunk lids, which are much more likely to be damaged in
collisions, with similar springs used in wheel suspensions, Freitag would not have
suggested to one of ordinary skill in the art the need for the inventive safety release in
the cylinder of a vehicle suspension vibration damper of the type disclosed by Pradel.
We thus agree with appellants that the modification proposed by the examiner would
not have been rendered obvious by the combined teachings of Pradel and Freitag. It
follows that we shall not sustain the rejection of claim 10.
CONCLUSION
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