Appeal 2007-1588
Application 10/964,098
The references of record relied upon by the examiner as evidence of
obviousness are:
Schaefer (Schaefer ‘398) US 2,544,398 Mar. 06, 1951
Schaefer (Schaefer ‘048) US 2,581,048 Jan. 01, 1952
Niaura US 6,318,521 B1 Nov. 20, 2001
Claims 1-5 and 7-9 stand rejected under 35 U.S.C. § 103 as
unpatentable over Niaura in view of Schaefer ‘398 or Schaefer ‘048.1
FINDINGS OF FACT
Niaura discloses a vibration damper for a motor vehicle having a
housing or cylinder 2 and a piston 13 connected to piston rod 16 which is
attached to one part of the motor vehicle. A shaft is fixed to the bottom of
the container or housing 2. On the bottom of the shaft is a fork member 10.
Niaura does not show a cylindrical collar attaching the fork member to the
shaft at a point axially distant from the bent portion.
The examiner has cited the two patents to Schaefer to show this
feature.
Schaefer ‘398 discloses a shaft 2 connected to a fork 1. The
connection in Schaefer ‘398 is two jaws with relatively thin walls 7. The
jaws are on either side of the shaft and Schaefer ‘398 can weld the edges of
the jaws along the shaft as at 12 in Figure 3.
Schaefer ‘048 also shows a connection of a shaft 2 to a fork 1. In
Schaefer ‘048 the connection is provided by two semicylindrical members
1 The 35 U.S.C. § 102 and 35 U.S.C. § 103 rejections of the claims over
Thomas have been withdrawn by the Examiner. See page 2 of the Answer.
3
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