Ex Parte Kuhn - Page 3



                  Appeal 2007-1215                                                                                            
                  Application 10/702,724                                                                                      

                         Appealed claims 1, 2, 6, 8, 9, 11, and 14 stand rejected under                                       
                  35 U.S.C. § 103(a) as being unpatentable over Wallestad in view of                                          
                  DE ‘448(we rely on the English translation).  Claim 7 stands rejected under                                 
                  § 103(a) as being unpatentable over the stated combination of references                                    
                  further in view of Sorum, whereas claims 12 and 13 stand rejected under §                                   
                  103 over the stated combination of references further in view of Stanfield.                                 
                         Appellant does not set forth separate, substantive arguments for any                                 
                  particular claim on appeal, although various recitations of appealed claims                                 
                  are referred to at pages 10-12 of the principal Brief.  Accordingly, all the                                
                  appealed claims stand or fall together with claim 1, and we will limit our                                  
                  consideration to the Examiner’s rejection of claim 1 over Wallestad in view                                 
                  of DE ‘448.                                                                                                 
                         We have thoroughly reviewed each of Appellant’s arguments for                                        
                  patentability.  However, we are in complete agreement with the Examiner                                     
                  that the claimed subject matter would have been obvious to one of ordinary                                  
                  skill in the art within the meaning of § 103 in view of the applied prior art.                              
                  Accordingly, we will sustain the Examiner’s rejections for essentially those                                
                  reasons expressed in the Answer, and we add the following primarily for                                     
                  emphasis.                                                                                                   
                         At the outset, we note that there is a distinction in the arrangement of                             
                  components in the hydropneumatic suspension depicted in Appellant’s                                         
                  Figure 1 and the figure of Wallestad.  However, as explained by the                                         
                  Examiner, such distinction is not reflected in the breadth of claim 1 on                                    

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