Appeal No. 2005-1125 7
Application No. 10/144,328
being unpatentable over McCormick in view of Fotino, Fichtel and
Handke.3
SUMMARY
The decision of the examiner to reject claims 1 through 13
is reversed.
3 Although the examiner employs Handke in a relatively minor
capacity to reject dependent claim 9, this reference arguably is
more pertinent to the subject matter recited in the appealed
claims than is the primary reference to McCormick. Upon return
of the application to the technology center, the examiner may
wish to reassess the patentability of the appellants’ invention
in light of the apparent illustration in Handke’s Figures 6
through 8 of piston-cylinder arrangements having a sheath tube,
resilient stop pad and end cap formed as separate parts and
connected in such a way as to be inherently capable of being
assembled to form a preassembled unit which can stand
independently of the associated piston rod and container tube.
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