Ex Parte Harbu - Page 2



         Appeal No. 2006-0320                                                                      
         Application No. 10/293,833                                                                

         10, 23 and 26, each of which are directed to a shock absorber                             
         assembly, are representative of the subject matter on appeal                              
         and a copy of those claims can be found in the amendment filed                            
         March 2, 2005.                                                                            

         The prior art references of record relied upon by the                                     
         examiner in rejecting the claims on appeal are:                                           
         Gibson, Jr. (Gibson)  3,100,498       Aug. 13, 1963                                       
         Martin     4,568,081   Feb.  4, 1986                                                      

         In addition to the foregoing prior art patents, the examiner                              
         has also relied upon appellant’s admitted prior art (AAPA) found                          
         in paragraph 3 on page 1 of the specification.                                            

         Claims 10 through 27 stand rejected under 35 U.S.C. § 103(a)                              
         as being unpatentable over AAPA in view of Martin and Gibson.2                            
                                                                                                  
              2  As indicated on page 10 of the answer, the examiner                               
         has determined that the amendment filed March 2, 2005 has                                 
         overcome the rejection of claims 10 through 27 under 35 U.S.C.                            
         § 112, second paragraph, set forth on pages 3-4 of the final                              




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