Appeal No. 2005-2180 Page 2
Application No. 10/051,417
the adhesive of Mochizuki does not have sufficient strength to seal a head cover to an
engine head as disclosed in the reference. Moreover, the subject matter of claim 1,
by virtue of using “comprising,” does not preclude the use of bolts in the valve cover
assembly together with an adhesive.
Appellants, Brief page 8, argue that AMochizuki demonstrates that the
adhesives disclosed would not be suitable for holding a valve cover in place under
normal operating conditions.@ Appellants have not identified the adhesive strength
required for normal operating conditions. The subject matter of claim 1 does not
preclude the use of nuts and bolts to aid in the holding of a valve cover in place under
normal operating conditions. Further, Appellants arguments focus on the sample with
the lowest tensile strength. Appellants have failed to make similar comments
regarding the higher tensile strength adhesives disclosed by Mochizuki.
Appellants argue AMochizuki discloses that low adhesive strength is desirable
so that the sealing material can easily be removed from the cylinder head or valve
cover. See col. 4, lines 5-6 and col. 4, lines 54-63.@ (Brief, p. 8). This argument is not
persuasive. Appellants= argument fails to consider the disclosure by Mochizuki that
applies to the use of adhesives on parts where high strength is required. (Col. 4, ll.
57-60).
Appellants recognize that Mochizuki discloses how to make higher strength
adhesives, but argue that Mochizuki provides no motivation to do so. (Brief, p. 8).
Appellants' argument is not well taken since a reference is available for all that it
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