Ex Parte Thurmann et al - Page 2



               Appeal No. 2006-2839                                                                                                  
               Application No. 10/699,229                                                                                            
                                                       BACKGROUND                                                                    
                       The appellants’ invention relates to a piston-cylinder unit (specification,                                   
               page 1).                                                                                                              
               Claim 1 is representative of the invention, and is reproduced as follows:                                             
                               A piston-cylinder unit comprising:                                                                    
                       a cylindrical pressure tube having an end with an end face surrounding a                                      
               central opening, said cylindrical pressure tube being formed at said end to form an                                   
               end wall, said end face facing radially inward to define said central opening;                                        
                       a piston rod extending through said central opening and forming a ring-                                       
               shaped gap between said piston rod and said end face; and                                                             
                       a heat-shrink sleeve surrounding said pressure tube and extending axially                                     
               into said ring-shaped gap, enclosing said end face.                                                                   
                       The prior art references of record relied upon by the examiner in rejecting                                   
               the appealed claims are:                                                                                              
               Freitag  et al.  (Freitag)   4,281,884   August 4, 1981                                                               
               Kaufmann et al.     5,791,445   August 11, 1998                                                                       
                       (Kaufmann)                                                                                                    
                       Claims 1, 3-7 and 131 stand rejected under 35 U.S.C. § 103(a) as being                                        
               unpatentable over Freitag in view of Kaufmann.                                                                        
                       Rather than reiterate the conflicting viewpoints advanced by the examiner                                     
               and the appellants regarding the above-noted rejection, we make reference to the                                      
               answer (mailed March 2, 2006) for the examiner's complete reasoning in support of                                     

                                                                                                                                    
               1  The examiner additionally lists claim 2.  However, we find this to be a typographical error as                     
               claim 2 has been cancelled; see page two of the Final Office action mailed January 6, 2005.                           
                                                                 2                                                                   




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