Ex Parte Chinou et al - Page 2



          Appeal No. 2005-2453                                                        
          Application No. 10/102,923                                                  

               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Frame et al. (Frame)1           5,713,324            Feb. 3, 1998           
          Tanaka et al. (Tanaka)          6,060,182            May  9, 2000           
          Iwashita et al. (Iwashita)      6,325,385            Dec. 4, 2001           
               Appellants' claimed invention is directed to a piston ring             
          having a continuous hard carbon film containing one or more of              
          silicon, tungsten and nickel.  The hard carbon film is situated             
          on the outer peripheral, inner peripheral, top and bottom                   
          surfaces.                                                                   
               The Board remanded this application to the examiner to                 
          provide a response to appellants' argument based upon Example 1             
          and Comparative Example 1 of the specification.  The examiner               
          responded to the remand in an Answer dated December 30, 2004, and           
          appellants presented a Reply Brief on February 4, 2005.                     
               Appealed claims 1-3, 6-12 and 14-17 stand rejected under               
          35 U.S.C. § 103(a) as being unpatentable over Iwashita in view of           
          Tanaka.                                                                     
               Appellants submit that "the claims do not stand or fall                
          together" (page 5 of the original Brief of November 10, 2003).              

               1 We note that the examiner has not repeated the rejection             
          of the claims over Iwashita in view of Frame (Answer, dated                 
          December 30, 2004; see the first Answer dated January 13, 2004,             
          page 4).  Accordingly, we consider this rejection to be withdrawn           
          (see the Reply Brief, dated February 4, 2005, page 1).                      
                                         -2-                                          



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