Appeal 2007-1793
Application 10/911,196
17. As such, Gottling does not disclose a guide member positioned in the
internal chamber of the housing.
18. Gottling also does not disclose a lower end of a spring rod positioned
in an internal chamber of the housing.
PRINCIPLES OF LAW
“A claim is anticipated only if each and every element as set forth in the
claim is found, either expressly or inherently described, in a single prior art
reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).
ANALYSIS
Rejection of claims 27, 37, 39, 41, 43, 53, 55, and 57 as anticipated by Hubweber
The Appellants contend that Hubweber does not anticipate claim 27 because
all of the braking elements of Hubweber’s gas spring are fully housed in the
internal chamber of the cylinder, and thus Hubweber does not disclose “at least a
portion of said locking arrangement positioned outwardly of said top end of said
housing,” as recited in claim 27 (Appeal Br. 6). The Examiner responds that the
top of Hubweber’s cylinder is defined by the top bushing 12 and thus “[t]he
braking elements clearly extend above the bushing” (Answer 4). The Appellants
respond that the collar 12 cannot be the top end of the cylinder, because
Hubweber’s cylinder 1 extends upwardly from the collar 12 having an inward
offset upper edge that holds a disk 10 in place (Reply Br. 2).
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