Ex Parte Ziech et al - Page 5



             Appeal 2007-2817                                                                                    
             Application 11/049,176                                                                              
                   7.     The tubular member 30 are rigidly connected to cross braces 37 and                     
             intermediate tubes 38, preferably by welding or bonding (Omundson, col. 6, ll. 30-                  
             33).                                                                                                
                   8.     Stewart relates to a method and apparatus for varying a suspension                     
             bushing stiffness based upon an operating state of a brake system to reduce brake                   
             shudder in a motor vehicle (Stewart, col. 1, ll. 13-17).                                            
                   9.     Neither Berckhan, Stewart, nor Omundson discloses a unitary cast                       
             subframe having first and second side members and first and second cross                            
             members.                                                                                            
                   10. The customary definition of a torsion rod or bar is a part of an                          
             automotive suspension consisting of a bar that twists to maintain stability. The                    
             American Heritage Dictionary of the English Language 1280 (4th ed. 2000).                           
                   11. The customary definition of a strut is a structural element used to                       
             brace or strengthen a framework by resisting longitudinal compression.  The                         
             American Heritage Dictionary of the English Language 1280 (4th ed. 2000).                           

                                            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                      
             (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).                                                
                   “Section 103 forbids issuance of a patent when ‘the differences between the                   
             subject matter sought to be patented and the prior art are such that the subject                    

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