Appeal 2007-2817 Application 11/049,176 The following rejections are before us for review: 1. Claims 14, 15, 17, and 23 stand rejected under 35 U.S.C. § 102(b) as anticipated by Berckhan. 2. Claims 2, 3, 24, and 25 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Stewart and Berckhan. 3. Claim 22 stands rejected under 35 U.S.C. § 103(a) as unpatentable over Berckhan and Omundson. ISSUES Appellants contend that (1) Berckhan fails to disclose “first and second cross members integral with said first and second side members so as to form a unitary member” (Appeal Br. 4) and “a strut rod having a first end coupled to said subframe and a second end coupled to a vehicle frame” (Appeal Br. 7), and (2) “there is no suggestion or motivation to combine the teachings of Stewart and Berckhan” (Appeal Br. 10). The Examiner found that the side members 29-30 of Berckhan, once welded to the two cross members 23-24, form a unitary member, as claimed (Answer 3), and the torsion rod 61 is equivalent to the claimed strut rod (Answer 5). The issues before us are whether the terms “integral” and “unitary member” include members which are welded and whether a torsion rod is equivalent to a strut rod. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013