Appeal 2007-0689
Application 10/329,825
Appellants invented an air suspension piston comprising a
longitudinal-seam welded tube made of a self-hardened aluminum alloy.
Claim 9, the only independent claim, reads as follows:
9. An air suspension piston comprising a
longitudinal-seam welded tube welded without any
weld metal and made from an aluminum alloy,
wherein the aluminum alloy is a self-hardened
alloy.
The Examiner relies upon the following as evidence of
unpatentability:
Holman US 2,796,508 Jun. 18, 1957
Hoffman US 5,342,139 Aug. 30, 1994
Ebert US 6,024,343 Feb. 15, 2000
Hillburger US 6,113,081 Sep. 05, 2000
Appellants seek review of the Examiner’s rejection of claims 9 and
11-15 under 35 U.S.C. § 103(a) as unpatentable over any of Hoffman, Ebert,
and Hillburger in view of Holman.
The rejection is set forth in the Office Action mailed October 28, 2005
(hereinafter “Office Action”). The Examiner provides reasoning in support
of the rejection in the Answer (mailed April 13, 2006). Appellants present
opposing arguments in the Brief (filed February 27, 2006).1
THE ISSUE
The issue in this appeal is whether Holman in combination with any
of Hoffman, Ebert, and Hillburger would have suggested constructing the air
1 Appellants waived the opportunity to present oral argument at the hearing
set for April 5, 2007.
2
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