Appeal No. 2005-2180 Page 2
Application No. 10/051,417
has sufficient adhesive strength to hold the valve cover in place (Claims
1, 11 and 18); that the valve cover does not have bolt holes which have
a primary function of holding of the valve cover to the cylinder head
(Claims 2 and 32); the adhesive used demonstrates a cohesive strength
of 250 psi or greater when measured in lap shear modes according to
ASTM D-3165-91 (Claims 26, 28 and 30); and (Claims 22 and 23), the
presence of integral fastening means present to hold the valve cover in
place until the adhesive cures.
(Brief, p. 5).
The Examiner found that Mochizuki discloses multiple adhesive sealing
compositions which are suitable for application to an engine head and head cover
(column 1, line 18) and a joint between an engine head and a head cover (column 7,
line 28). Mochizuki discloses the adhesive provides a seal with excellent heat
resistance and oil resistance for use in internal combustion engines (column 7, lines
9-26). Mochizuki (column 7, lines 29-35) discloses the adhesive sealant has a tensile
strengths up to 40 kgf/cm2 which the Examiner has determined to be approximately
568 psi. (Answer, p. 3). The Examiner acknowledges that Mochizuki fails to recite
the functional language "wherein the adhesive has sufficient cohesive strength to hold
the valve cover in place during normal operating conditions." (Answer, p. 5).
However, the Examiner has reason to believe that the adhesive of Mochizuki would
hold during "normal operating conditions" since Mochizuki discloses that its adhesive
is useful for an engine head and a valve cover and has a holding strength up to
568 psi. (Answer, p. 5). Appellants have not directed us to evidence that indicates
that the Mochizuki adhesive would not function as claimed. When the USPTO shows
sound basis for believing that the products of the applicant and the prior art are the
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