Ex Parte Iversen et al - Page 2




            Appeal No. 2005-0341                                                      Page 2             
            Application No. 09/977,409                                                                   



                                             BACKGROUND                                                  
                  The appellants' invention relates to a piston compressor, particularly a               
            hermetically enclosed refrigerant compressor (specification, p. 1).  A copy of the claims    
            under appeal is set forth in the appendix to the appellants' brief.                          


                  The prior art references of record relied upon by the examiner in rejecting the        
            appealed claims are:                                                                         
            Nikolaus                       4,856,366                      Aug. 15, 1989                  
            Bushnell                       6,024,548                      Feb. 15, 2000                  


                  Claims 1 to 3 and 5 to 10 stand rejected under 35 U.S.C. § 103 as being                
            unpatentable over Nikolaus.                                                                  


                  Claim 4 stands rejected under 35 U.S.C. § 103 as being unpatentable over               
            Nikolaus in view of Bushnell.                                                                


                  Rather than reiterate the conflicting viewpoints advanced by the examiner and          
            the appellants regarding the above-noted rejections, we make reference to the final          
            rejection (mailed January 30, 2004) and the answer (mailed June 15, 2004) for the            









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