Ex Parte Stanczak - Page 2



         Appeal No. 2004-1903                                                       
         Application No. 09/973,741                                                 

         opposite sides of a spacer.  The spacer structure includes at least        
         one opening which allows lubricant to flow through the spacer and          
         fill a cavity created around the wheel spindle.                            
              Representative claim 1 is reproduced as follows:                      
         1.   A wheel hub assembly comprising:                                      
              first and second bearing assemblies;                                  
              a spacer disposed between said bearing assemblies                     
              said spacer defining at least one opening such that lubricant         
         may flow through said spacer.                                              
              The Examiner relies on the following prior art:                       
         Rode                          6,283,639           Sep. 04, 2001            
                                            (filed Jul. 01, 1998)                   
         Harbottle et al. (Harbottle) 6,505,972            Jan. 14, 2003            
                                                 (filed Sep. 01, 2000)              
              Claims 1-7, 9-12, 14, 15, and 21-23, all of the appealed              
         claims, stand finally rejected under 35 U.S.C. § 103(a) as being           
         unpatentable over the combined teachings of Rode and Harbottle.            
              Rather than reiterate the arguments of Appellant and the              
         Examiner, reference is made to the Briefs1, the final Office               
         action, and Answer for the respective details.                             

              1  In response to the final Office action mailed August 5, 2003 (Paper
         No. 9), the Appeal Brief was filed January 12, 2004 (Paper No. 13).  In    
         response to the Examiner’s Answer dated April 5, 2004 (Paper No. 14), a Reply
         Brief was filed June 9, 2004 (Paper No. 15), which was acknowledged and    
         entered by the Examiner as indicated in the communication dated June 25, 2004
         (Paper No. 16).                                                            
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