Appeal No. 2005-0487
Application No. 09/961,821
Claims 4, 5, 9 and 10 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Ludwig in view of
Freitag.
Attention is directed to the main and reply briefs (filed
May 14, 2004 and September 22, 2004) and the final rejection and
answer (mailed September 10, 2003 and July 19, 2004) for the
respective positions of the appellants and the examiner regarding
the merits of these rejections.2
DISCUSSION
I. The 35 U.S.C. § 103(a) rejection of claims 1, 3 and 6 through
8 as being unpatentable over Ludwig
Ludwig discloses several embodiments of a pneumatic spring
counterbalance link used, for example, in conjunction with
automobile hoods, trunk lids and hatch backs. In general, these
links comprise a cylinder containing a pressurized gas, a piston
rod, and a piston connected to the rod and dividing the cylinder
into two working spaces. The piston consists of an arrangement
which allows a relatively free flow of the gas past the piston
2 In the final rejection, claim 5 also stood rejected under
35 U.S.C. § 112, second paragraph, as being indefinite, and
claims 6 and 8 through 10 also stood rejected under 35 U.S.C.
§ 102(b) as being anticipated by U.S. Patent No. 5,529,154 to
Tanaka. The examiner has since withdrawn these rejections (see
the advisory action mailed January 16, 2004, and page 3 in the
answer.
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