Ex Parte de Molina - Page 4

                Appeal 2006-3100                                                                                   
                Application 10/662,547                                                                             

            1                                        ISSUES                                                        
            2          The first issue is whether the Appellant has shown that the Examiner                        
            3   erred in finding that Lee and Dressell disclose or suggest a sleeve operable                       
            4   to progressively close the third flow path by sequentially covering the                            
            5   plurality of holes in the piston rod assembly and being operable to                                
            6   simultaneously cover all of the plurality of holes.                                                
            7          The second issue is whether Appellant has shown that the Examiner                           
            8   erred in finding that  Lee and Schupner disclose a sleeve slidably disposed                        
            9   on a piston rod assembly, a hole located at the base of a groove and the                           
          10    sleeve operable to close a third flow path by progressively covering the                           
          11    groove from the hole to the terminal end.                                                          
          12                                                                                                       
          13                                 FINDINGS OF FACT                                                      
          14           Appellant discloses a piston rod assembly 46 that includes a first flow                     
          15    path 54, a second flow path 56 and a third flow path 74.  The third flow path                      
          16    74 extends from a first chamber 20 through an opening in the piston rod 18                         
          17    through the piston rod and through a plurality of helical holes 86 into a                          
          18    second chamber 22 (Figure 2).  A sliding sleeve 78 is provided that                                
          19    is operable to move along the piston rod to progressively close more and                           
          20    more of the holes 86 in sequence.  This gradual closing of the passage                             
          21    provides the advantage of a major reduction or elimination of the switching                        
          22    noise typical with a dual-stage damping device (Specification, p.7).                               
          23           Lee discloses a shock absorber having a piston assembly 14 which                            
          24    slides within a chamber 100 bound by a sleeve 18.  The sleeve 18 has a                             
          25    plurality of holes 34.  As the piston moves in the chamber 100 from a first                        
          26    position depicted in Figure 1 to a position depicted in Figure 2, the                              

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