Appeal 2007-1793
Application 10/911,196
While we agree with the Examiner that Gottling describes a piston (Finding
of Fact 12), Gottling does not state where the piston is located and does not show
the piston “positioned in the internal chamber” as recited in claims 27 and 43
(Finding of Fact 13). Gottling discloses a braking apparatus 10 comprising a
housing 12 of a working cylinder 14, and the piston rod is shown extending
through a closed end of the housing 12 (Findings of Fact 14, 15). If the piston is
attached to the end of piston rod 20 that extends through the closed end of housing
12, then the piston would be positioned outside of the internal chamber of the
housing (Finding of Fact 16). As such, Gottling does not disclose a guide member
positioned in the internal chamber of the housing, as recited in independent claims
27 and 43 (Finding of Fact 17).
The Appellants further contend that Gottling further does not disclose a
lower end portion of a spring rod positioned in the housing (Appeal Br. 8). The
Examiner responds that “[i]t is clear that rod 20 is the piston rod of the working
cylinder 14.” As explained supra, Gottling discloses the lower end portion of the
piston rod 20 extends outwardly of the bottom end of the housing (Finding of
Fact 15). As such, Gottling does not disclose a lower end of a spring rod
positioned in an internal chamber of the housing, as recited in claims 27 and 43
(Finding of Fact 18). Gottling also does not anticipate dependent claims 37, 39,
and 41, which depend from claim 27, and dependent claims 53, 55, and 57, which
depend from claim 43, for the same reasons provided supra.
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