Ex Parte McCarthy - Page 4



        Appeal No. 2006-0600                                  4                       
        Application No. 10/163,249                                                    

        (answer, pages 3-4), the examiner is of the view that it would have           
        been obvious to one of ordinary skill in the art at the time of               
        appellant’s invention to provide the elastomeric bushing (18) of              
        Overby with a retaining ring located adjacent a first radially                
        extending longitudinal end portion (following the teachings of                
        Dawda) and to ensure that the entire outer surface of the retaining           
        ring is encompassed by and in contact with the elastomeric bushing,           
        as evidenced by Cummings.  From the examiner’s perspective, the               
        artisan would have been led to make such a modification in the                
        bushing of Overby in order to improve the axial load capability of            
        the bushing, i.e., “in order to be able to sustain many cycles of             
        considerable axial load without deteriorating the primary isolation           
        function” (answer, page 4).                                                   

        While we have fully considered the arguments advanced by                      
        appellant in the brief and reply brief, we are not convinced                  
        thereby that the examiner's conclusion of obviousness as regards              
        independent claim 1 is in error.  Although appellant points to                
        alleged distinctions between the applied prior art and the                    
        invention of claim 1 based upon the particular problem which the              
        invention was intended to solve, appellant has not specifically               














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