Appeal No. 2005-2135 Παγε 2
Application No. 10/038,910
BACKGROUND
The appellants’ invention relates to a braking and damping device having a fluid
cylinder in which two pistons are arranged in a linearly displaceable manner, wherein a
piston is displaceable over a piston rod (appellants’ specification, page 1). The
appellants’ device is particularly designed for use with furniture having moving parts,
such as drawers and doors. A copy of the claims under appeal is set forth in the
appendix to the appellants’ brief.
The Evidence of Anticipation and Obviousness
The examiner relied upon the following prior art references of record in rejecting
the appealed claims:
Smalley 3,904,226 Sep. 9, 1975
Corcoran et al. (Corcoran) 5,257,680 Nov. 2, 1993
Muller 2002/0066629 Jun. 6. 2002
Beyene et al. (Beyene) 6,443,437 Sep. 3, 2002
The Rejections
The following rejections are before us for review.
Claims 22, 33-35, 43, 45 and 47-50 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Smalley.
Claims 22, 33-35, 43, 45 and 47-50 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Corcoran.
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