Appeal 2007-2817
Application 11/049,176
FINDINGS OF FACT
We find that the following enumerated findings are supported by at least a
preponderance of the evidence. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427 (Fed.
Cir. 1988) (explaining the general evidentiary standard for proceedings before the
Office).
1. Berckhan discloses a subframe of a wheel suspension for motor
vehicles (Berckhan col. 1, ll. 9-10 and 15-18).
2. The subframe 15 includes a cradle-like structure with four upwardly
and outwardly extending vertical support struts 25, 26, 27, and 28. Each strut
comprises a relatively wide vertically extending section or member 17 having a
narrow horizontal lower end 18 and a relatively wide horizontal upper end 19, and
a longitudinally extending inclined rectangular section 20 joined at right angles to
section 17 (Berckhan, col. 2, ll. 27-34).
3. The inclined section 20 of rear struts 25, 26 are joined along their
front edges to the inner sides of sections 17, while the sections 20 of front struts
27, 28 are joined along their rear edges to sections 17 (Berckhan, col. 2, ll. 34-38).
4. The lower ends of the rear support strut 25, 26 and of the forward
support struts 27, 28 are welded, respectively, to the top of spaced rearward and
forward transverse box plates 23 and 24 (Berckhan, col. 2, ll. 38-41).
5. Omundson discloses a vehicle suspension system 22 for mounting to a
vehicle chassis 5 (Omundson, col. 5, ll. 19-20).
6. The vehicle suspension 22 includes a subframe 25 formed from two
generally S-shaped tubular members 30 (Omundson, col. 5, ll. 42-46).
4
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Last modified: September 9, 2013