Ex Parte David et al - Page 3


              Appeal 2006-1263                                                                  
              Application 10/173,259                                                            

                            of substantially elliptical right section, the peripheral wall of   
                            each bushing including at least one groove opening out into         
                            the annular space and into which the or each orifice opens          
                            out so as to be fed with air and so as to cool the peripheral       
                            wall of the bushing.                                                

                   The Examiner rejects claims 1-3, 6, 10-12, 14-18 and 20 under                
              35 U.S.C. § 103 as being unpatentable over Monk in view of Rice; and              
              claims 8 and 19 under 35 U.S.C. § 103 as being unpatentable over Monk in          
              view of Rice and Mumford.1                                                        
                                          THE PRIOR ART                                         
                   The prior art relied upon by the Examiner in rejecting the claims on         
              appeal is:                                                                        
                   Monk    US 3,656,297  Apr. 18, 1972                                          
                   Mumford   US 4,475,344  Oct.  09, 1984                                       
                   Rice     US 6,351,949  Mar. 05, 2002                                         
                                                           (filed Sep. 03, 1999                 
                                                                                               
              1On page 4 of the  Examiner’s Answer mailed September 28, 2005, beneath           
              the heading “(10) Grounds of Rejection” the Examiner states “[t]hese              
              rejections are set forth in a prior Office Action, mailed May 20, 2004.           
              However on page 2 of the Office action mailed June 7, 2005 the Examiner           
              states that “the final rejection of May 20, 2004 is hereby withdrawn”, and        
              restates the rejections anew.  Therefore the Examiner’s answer should             
              reference the Final rejection mailed June 7, 2005 and  not the withdrawn          
              rejections mailed May 20, 2004.  Accordingly, we base our decision on the         
              Final rejection mailed June 7, 2005.                                              
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