Ex Parte Ullein et al - Page 4



            Appeal No. 2005-1727                                                                                          
            Application No. 09/925,013                                                                                    

             Scripps Clinic & Research Found. v. Genentech Inc., 927 F.2d 1565,                                           
            1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).                                                                  

                  Stief pertains to chain tensioners of the sort disclosed and                                            
            claimed by the appellants.  For purposes of the appealed                                                      
            rejections, the examiner focuses on the embodiment illustrated in                                             
            Figures 1-4.  As described by Stief,                                                                          
                        . . . [T]here are shown a tensioner according to the                                              
                  present invention, a piston 1, a tensioner housing 2 and                                                
                  a receiving housing 3. The piston 1 constitutes the fixed                                               
                  element with one of its ends inserted into the tensioner                                                
                  housing 2 which is configured as a cylindrical body and                                                 
                  constitutes the displaceable element.  . . .                                                            
                        A non-return valve 7 separating a high pressure                                                   
                  chamber 8 of the tensioner housing 2 from an oil                                                        
                  reservoir 9 of the piston 1 is arranged in the connecting                                               
                  region between the piston 1 and the tensioner housing 2.                                                
                  The piston 1 made as a cylindrical body is supported at                                                 
                  its end remote from the non-return valve 7 on the bottom                                                
                  of the receiving housing 3 in whose cylindrical bore 10                                                 
                  it is arranged. Thus, the piston 1, like the receiving                                                  
                  housing 3, is stationary. It is supplied through an oil                                                 
                  input opening 11 and an oil transfer groove 12 with                                                     
                  hydraulic oil which flows into the oil reservoir 9.                                                     
                        A compression spring 13 arranged in the tensioner                                                 
                  housing 2 is supported at one end on the piston 1 and at                                                
                  the other end on the piston-remote bottom of the                                                        
                  tensioner housing 2. This compression spring 13 effects                                                 
                  the extension of the tensioner housing 2 out of the                                                     
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