Ex Parte Eshelman - Page 2




                     Appeal No. 2005-0208                                                                                                             Page 2                           
                     Application No. 10/137,510                                                                                                                                        



                                                                              BACKGROUND                                                                                               
                                The appellant's invention relates to torsion bars for independent suspensions,                                                                         
                     and more particularly, the invention relates to variable rate torsion bars (specification, p.                                                                     
                     1).  A copy of the claims under appeal is set forth in the appendix to the appellant's                                                                            
                     brief.                                                                                                                                                            


                                The prior art reference of record relied upon by the examiner in rejecting the                                                                         
                     appealed claims is:                                                                                                                                               
                     Moon                                                  5,687,960                                             Nov. 18, 1997                                         


                                The following two rejections as set forth on page 2 of the final rejection (mailed                                                                     
                     July 17, 2003) are before us in this appeal:                                                                                                                      
                                           Claim 4 is rejected under 35 U.S.C. 102(b) as being anticipated by Moon.                                                                    
                                           See figs. 1 and 4. Please note that the two different diameter portions of                                                                  
                                Moon are generally uniform in cross-section to the broad degree claimed.                                                                               
                                . . .                                                                                                                                                  
                                           Claims 11, 12, 15, 16 and 19 are rejected under 35 U.S.C. 103(a) as                                                                         
                                being unpatentable over Moon.                                                                                                                          
                                           The claimed method differs from Moon only in the position of adjusting the                                                                  
                                contact portion.                                                                                                                                       
                                           It would have been obvious to one of ordinary skill in the art to have                                                                      
                                adjusted the contact point at a second portion as a mere relocation of parts.                                                                          
                                           Re-claim 19, Moon shows an adjustment screw.                                                                                                








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