Ex Parte Jones et al - Page 10


                   Appeal No. 2005-2180                                                                                Page 2                          
                   Application No. 10/051,417                                                                                                          
                   also rejected the subject matter of claim 6  over the combined teachings of Mochizuki                                               
                   and Santella, and further in view of design choice. (Answer, pp. 4-6).  We select                                                   
                   claims 4 and 6 as representative.                                                                                                   
                            Claim 4 specified that the valve cover is fabricated from a plastic material.  The                                         
                   Examiner relies on the Santella for disclosing the suitability of forming combustion                                                
                   engine parts from thermoplastic materials.  (Answer, p. 4).  With regard to claim 6, the                                            
                   Examiner asserts that the specifically stated polymer composition would have been                                                   
                   encompassed by the teaching of Santella and that Appellants have not exhibited                                                      
                   unexpected results for the stated composition.   (Answer, p. 5).  The Appellants have                                               
                   not specifically rebutted the Examiner=s determinations.  Thus, for the reasons stated                                              
                   above and in the Answer we affirm the rejection of these claims.                                                                    
                            Regarding Group IV we select claim 22 as representative.  Santella discloses                                               
                   the presence of securing flange (20) which aids in holding the valve cover in place.                                                
                   Thus, use of such fastening means would have been obvious to a person of ordinary                                                   
                   skill in the art.                                                                                                                   
                            Appellants arguments present in the Reply Brief have been noted.  Appellants                                               
                   have not indicated in the Reply Brief that the Examiner has raised new issues in the                                                
                   Answer.  The issues raised by Appellants are substantially the same as have been                                                    
                   raised in the principle brief and addressed above.                                                                                  
                                                               CONCLUSION                                                                              




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