Ex Parte 7306235 et alDownload PDFBoard of Patent Appeals and InterferencesMar 23, 201195000429 (B.P.A.I. Mar. 23, 2011) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 95/000,429 01/23/2009 7306235 RBI-2L 1724 59582 7590 03/24/2011 DICKINSON WRIGHT PLLC 38525 WOODWARD AVENUE SUITE 2000 BLOOMFIELD HILLS, MI 48304-2970 EXAMINER FETSUGA, ROBERT M ART UNIT PAPER NUMBER 3993 MAIL DATE DELIVERY MODE 03/24/2011 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ DORMAN PRODUCTS, INC. LLC Requestor, Appellant v. Patent of FEDERAL-MOGUL CORP. and FEDERAL-MOGUL WORLDWIDE, INC. Patent Owner, Respondent ____________ Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 Technology Center 3900 ____________ Before, JAMESON LEE, SALLY C. MEDLEY and DANIEL SONG, Administrative Patent Judges. MEDLEY, Administrative Patent Judge. DECISION ON APPEAL1 1 The one-month time period for filing a request for rehearing, as recited in 37 C.F.R. § 41.79, and the two-month time period for filing an appeal, as recited in 37 C.F.R. § 1.304 (see 37 C.F.R. § 1.983(b)(1)), both begin to run from the “MAIL DATE” shown on the PTOL-90A cover letter attached to this decision. Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 2 Appellant, Third-Party Requester Dorman Products, Inc. (“Dorman”) appeals under 35 U.S.C. §§ 134(c) and 315(b) from the Examiner’s decision confirming the patentability of claims 1 and 2 of U.S. Patent 7,306,235 and refusal to adopt Dorman’s proposed rejections. Right of Appeal Notice 4-6. We AFFIRM. STATEMENT OF THE CASE This proceeding arose from a Request for Inter Partes Reexamination (“Req. Reexam.”) of U.S. Patent 7,306,235 (“235 Patent”) filed by Dorman on January 23, 2009. Federal-Mogul Worldwide, Inc. and Federal-Mogul Corp. (“Federal-Mogul”) are the owners of the ‘235 Patent. The ‘235 Patent is the subject of the judicial proceeding styled Federal-Mogul Worldwide, Inc. et al. v. Dorman Products, Inc., U.S. District Court for the Eastern District of Michigan, Southern Division, (Civil Action No. 08-14302). App. Br. 3. The judicial proceeding has been stayed pending the resolution of this reexamination proceeding and the reexamination proceeding of U.S. Patent 7,302,925. App. Br. 3. The ‘235 Patent issued with two claims. No claims have been added or amended. The ‘235 Patent is related to a gasket used for sealing a joint between an intake manifold and a cylinder head of an internal combustion engine. Col. 2, ll. 27-29. The ‘235 Patent discloses, referring to figure 2 reproduced below [numbers from figure 2 inserted], a gasket including a carrier frame [12] with elastomeric material [22] molded about openings [14] in the carrier frame [12]. A compression limiting device [24] is formed separately from and molded to the carrier frame [12] and includes a compression limiting surface [26] and a locator pin [30] extending Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 3 outwardly from the compression limiting surface [26]. Col. 1, ll. 39-41; col. 2, l. 19-col. 3, l. 11. Figure 2 of the ‘235 Patent is below: Figure 2 depicts a portion of the gasket assembly. Claim 1 is representative: 1. An air intake manifold gasket assembly for an internal combustion engine, comprising: a carrier frame have a plurality of air intake openings corresponding to associated air ports of an intake manifold and a cylinder block; an elastomeric sealing material molded to said carrier frame about said air intake openings in said carrier frame, said elastomeric sealing material forming inner peripheral openings about said air intake ports and having outwardly extending elastically compressible sealing beads to form an air tight seal about said air ports between the intake manifold and the cylinder block; and at least one compression limiting device formed separately from said carrier frame, said at least one compression limiting device being molded to said carrier frame between at least one of said inner peripheral openings and said carrier frame, wherein said compression limiting device has opposite compression limiting surfaces for engaging the intake manifold and the cylinder block and further comprising a locator pin extending outwardly from one of said compression limiting surfaces. Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 4 Dorman relies on the following evidence: Ang et al. (“Ang”) 5,513,603 May 07, 1996 Combet et al. (“Combet”) 6,371,489 Apr. 16, 2002 Hinson 6,609,717 Aug. 26, 2003 General Motors Manifold Gasket (“GM Gasket”) The following rejections were proposed by Dorman and indicated as issues to be reviewed on appeal: claim 1 under 35 U.S.C. § 102(b) as anticipated by the GM Gasket; claims 1-2 under 35 U.S.C. § 103(a) as unpatentable over Hinson; claims 1-2 under 35 U.S.C. § 103(a) as unpatentable over the GM Gasket and Hinson; claims 1-2 under 35 U.S.C. § 103(a) as unpatentable over the GM Gasket and Ang; claims 1-2 under 35 U.S.C. § 103(a) as unpatentable over Combet and Hinson. ISSUES 1. Did the Examiner incorrectly refuse to adopt Dorman’s proposed rejection of claim 1 as anticipated by the GM Gasket? 2. Did the Examiner incorrectly refuse to adopt Dorman’s proposed rejection of the claims as obvious over Hinson by determining that it would not have been obvious to modify Hinson by positioning the locator pins (i.e., grommets) on the compression limiters? 3. Did the Examiner incorrectly refuse to adopt Dorman’s proposed rejections of the claims as obvious over the GM Gasket and Hinson and as obvious over the GM Gasket and Ang? Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 5 4. Is the Examiner’s refusal to adopt Dorman’s proposed rejection of the claims as obvious over Combet and Hinson based on a determination that Combet in light of Hinson does not raise a substantial new question of patentability final and non-appealable? FINDINGS OF FACT (“FF”) GM Gasket 1. The GM Gasket is purported to be illustrated in Haynes Repair Manual No. 38010 (“HRM 38010”) and Haynes Repair Manual No. 38026 (“HRM 38026”). Kimpel Decl.2 ¶ 10; Req. Reexam. Ex’s. M, N, R; App. Br. Ex’s 4, 11-12. 2. Figure 9.4 from Haynes Repair Manual 38010 (Ex. M, Ex. 11) is reproduced below: 2 Kimpel’s declaration, executed 22 January 2009, is labeled as Ex. R in the Request for Reexamination and Ex. 4 in the Appeal Brief. Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 6 3. According to Kimpel, Figure 9.4 shows a GM 3100 Series V6 Engine fitted with the GM Gasket. Kimpel Decl. ¶ 11. Hinson 4. Hinson describes, referring to figure 1 below [numbers from figure 1 inserted], a gasket [10] including a plastic carrier body [12] having a top surface [14] adapted to interface with an engine intake manifold and a bottom surface [16] adapted to interface with an engine cylinder head deck. Col. 2, ll. 49-60. Hinson’s figure 1 is below: Figure 1 depicts a gasket assembly. 5. The gasket includes flexible alignment grommets [50], a plurality of air intake apertures [20], [22], a plurality of bolt apertures [26] located adjacent the air intake apertures [20], [22], and a plurality of compression limiters [40], [42] surrounding the bolt apertures [26] and located symmetrically between the air intake apertures [20], [22]. Col. 2, ll. 5-9; col. 2, l. 61-col. 3, l. 27. 6. The compression limiters [40], [42] ensure that the plastic carrier body [12] does not become over compressed upon securing the gasket Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 7 between the intake manifold and the cylinder head deck via bolts passing through the bolt apertures [26]. Col. 3, ll. 10-15. 7. The plastic carrier body [12] is injection molded with thermoplastic material and incorporates the flexible alignment grommets [50]. Col. 3, ll. 28-31, 53-60; col. 4, ll. 25-28. 8. The compression limiters [40] [42] are made of powdered metal and embedded in the plastic carrier body [12] during molding of the plastic carrier body [12]. Col. 2, ll. 5-7; col. 3, ll. 20-28, 51-60. Ang 9. Ang describes, referring to figures 1 and 4 below [numbers from figures 1 and 4 inserted], a valve cover [10], including a flange [30] with a plurality of bosses [36] and seal [42] adapted to mate with and seal a flat peripheral surface of an engine cylinder head [12]. Col. 3, ll. 27-35, 42-54. Ang’s figures 1 and 4 are below: Figures 1 and 4 depict a valve cover sealing assembly. Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 8 10. The plurality of bosses [36] are each formed with a bushing [45] located in a circular hole [46] which includes counterbores [48], [50] at the upper and lower peripheral surfaces [49], [32] of the flange [30] which are filled with fast curing silicone material and interconnected by a cylindrical section [52] extending therebetween. Col. 4, ll. 4-25. 11. A steel compression limiter [54] is inserted in the bushing [45]. Col. 4, ll. 29-44. ANALYSIS The GM Gasket as prior art Dorman cites the GM Gasket as prior art in its Request for Reexamination and relies on the GM Gasket as the basis for several of its proposed rejections now on appeal. Req. Reexam. 13; App. Br. 5. Dorman relies on several different documents, photographs, etc., as constituting the “GM Gasket.” Specifically, Dorman relies on: (1) Haynes Repair Manual No. 38010 (“HRM 38010”) referred to as “Ex. M”3; (2) Haynes Repair Manual No. 38026 (“HRM 38026”) referred to as “Ex. N”4; and (3) photographs of a GM Gasket alleged to have been (i) publicly available 1 year prior to the earliest effective filing date of the ‘235 Patent, and (ii) known or used by others in the US prior to the date of invention of the ‘235 Patent, referred to as “Ex. L (1-5)”5. Req. Reexam. 13-14. Of these, only a photograph from Exhibit L (Ex. L-5)6 is relied on for showing how the GM gasket anticipates or renders obvious the ‘235 Patent claims. Req. Reexam. 3 Also Appeal Brief Exhibit 11. 4 Also Appeal Brief Exhibit 12. 5 Also Appeal Brief Exhibit 10. 6 Also Appeal Brief Exhibit 10(e). Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 9 16-18; App. Br. 11-12. This photograph, however, is not from a patent or printed publication, but is a photograph of a product that Dorman alleges was publicly available7 more than 1 year prior to the earliest effective filing date of the ‘235 patent. Req. Reexam. 14. By statute, inter partes reexamination is restricted to prior art consisting of patents or printed publications. 35 U.S.C. §§ 301 and 311. Dorman relies on the photographs of a commercially available GM Gasket as prior art which do not meet the statutory requirement. It is the photograph, particularly Exhibit L-5 (Ex. 10(e) in the Appeal Brief), and not the descriptions found in the printed publications, e.g., HRM 30810 or HRM 30826, that Dorman relies on to show the elements of the GM Gasket. Req. Reexam. 16-18; e.g., App. Br. 11-12. We have considered the statement made by Declarant Christopher Kimpel that the gasket illustrated in Figure 9.4 of HRM 30810 (Ex. M) “is the gasket shown in Ex. L (1-5).” Kimpel Decl. ¶ 12. We do not give Kimpel’s testimony substantial weight, because he does not explain what he means when he testified that the gasket illustrated in Figure 9.4 of HRM 38010 is the gasket shown in Exhibit L (1-5). There is no photograph of a gasket (e.g., Ex. L; Ex. 10) that is the same as that shown in Figure 9.4 of the printed publication, and Kimpel does not explain his statement in any meaningful way. 7 Dorman alleges that the photograph is of a gasket that Dorman purchased on October 16, 2008 and that the gasket has an original equipment date of August 22, 2002. Req. Reexam. 14. We understand Dorman’s remarks to mean that a gasket such as the one shown in Exhibit L qualifies as § 102(b) prior art on the basis that the gasket was in public use or on sale in the U.S. Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 10 Dorman appears to rely on what is shown in the photographs of the GM Gasket to supplement that which is lacking in the printed publications, i.e., HRM 30810 and HRM 30826. However, the photographs of the publicly available GM Gasket cannot be utilized to expand the scope of the disclosure of the printed publications despite Kimpel’s testimony that both the repair manuals and the photographs describe the same thing. Although the Manual of Patent Examining Practice (“MPEP”) is not binding authority, it provides appropriate guidance in this regard: Affidavits or declarations [] which explain the contents or pertinent dates of prior art patents or printed publications in more detail may be considered in reexamination, but any rejection must be based upon the prior art patents or printed publications as explained by the affidavits or declarations []. The rejection in such circumstances cannot be based on the affidavits or declarations [], but must be based on the prior art patents or printed publications. MPEP § 2258(I)(e). In this case, Kimpel’s declaration does not sufficiently explain the content of the printed publications, i.e., HRM 30810 and HRM 30826, as they may relate to the claimed features, other than to assert that they generally describe a gasket. In fact, according to Kimpel’s declaration Figure 13.6b of HRM 38026 (Ex. N) does not show a gasket with the claimed features, but shows a portion of a GM engine that would receive a manifold gasket like the one shown in Exhibit L, e.g., the photograph of the publicly available part. Kimpel Decl. ¶¶ 14-15. Based on the record before us, it is manifest that Dorman is not relying on the Kimpel Declaration for the purpose of explaining how the printed publications, i.e., the repair manuals, describe the claimed invention, but rather is relying on the Kimpel Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 11 Declaration and the commercially available GM Gasket as the basis for the proposed rejections. As explained, the statutes regarding inter partes reexaminations do not permit the reliance on publicly available products, i.e., in public use or on sale, or known or used by others. Accordingly, we will only consider the “GM Gasket” as that prior art which is described in the printed publications, i.e., HRM 30810 and HRM 30826. We will also consider the Kimpel Declaration to the extent that the contents of the printed publications are explained by Kimpel. Based on the facts before us, we do not consider any photographs or explanation of the publicly available GM Gasket to which Dorman directs attention to, as prior art. Proposed rejection of claim 1 as anticipated by the GM Gasket Independent claim 1 recites: “at least one compression limiting device formed separately from said carrier frame, said at least one compression limiting device being molded to said carrier frame . . . comprising a locator pin extending outwardly from one of said compression limiting surfaces.” On the basis of the photographs in Exhibit L, the Examiner agrees with Dorman that the GM Gasket includes a compression limiting device that is continuously molded with the carrier frame, but disagrees with Dorman that the photograph shows other claimed features. Action Closing Prosecution (“ACP”) 3; App. Br. 12-13, Ans. 8, 14; Rebuttal Br. (“Reb. Br.”) 12. As stated above, we do not consider the photographs or explanation of the photographs (e.g., the publicly available GM Gasket) to which Dorman directs attention to, as prior art. Thus, we turn our attention to the printed publications (the manuals). Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 12 According to Kimpel, Figure 9.4 of HRM 38010 shows a GM Series V6 engine fitted with a GM Gasket. FFs 1-3. Neither Dorman nor Kimpel sufficiently explain how Figure 9.4 shows all of the claimed features. The photocopies of the pertinent pages of HRM 38010 and HRM 38026 submitted by Dorman are of poor quality. It is not readily apparent which part(s) shown in Figure 9.4 constitute the GM gasket and it is also not apparent how Figure 9.4 shows a gasket with a compression limiting device comprising a locator pin as claimed. Neither Dorman nor Kimpel sufficiently explain how either HRM 38010 or HRM 38026 describe the claimed features. For these reasons, we sustain the Examiner’s refusal to reject claim 1 as anticipated by the GM Gasket as proposed by Dorman. Proposed rejection of claims 1-2 as obvious over Hinson Claim 1 recites: “said compression limiting device has opposite compression limiting surfaces . . . and further comprising a locator pin extending outwardly from one of said compression limiting surfaces.” Hinson describes a gasket [10] including a plastic carrier body [12] that includes compression limiters [40], [42] and alignment grommets [50] (i.e., locator pins). FFs 4-6. Dorman and the Examiner agree that Hinson does not describe a locator pin that extends from a surface of the compression limiter. Req. Reexam. 22; ACP 4; App. Br. 15, 19; Ans. 10; Reb. Br. 9. Dorman proposes that it would have been obvious to combine a known locator and known compression device as recited in claim 1 since it is well recognized that combining formerly separate objects into a single unit without any improvement to either object or their operation is not inventive and only involves routine skill in the art. App. Br. 17; Req. Reexam. 22-23. The Examiner disagrees finding that it would require more than routine skill Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 13 to form Hinson’s compression limiter and locator pin into a single unit because Hinson describes rigid metal compression limiter devices and flexible plastic locator pins. Ans. 10-11, citing Hinson col. 3, ll. 20-22, 31- 33, Fig. 4; see FFs 7-8. The Examiner determined that based on Hinson’s disclosure, it would not have been obvious to one with ordinary skill in the art to form one of the metal compression devices and one of the plastic pins as a combined unit. Ans. 11. Dorman argues that: 1) the Examiner misinterprets claim 1 to require the compression limiting device and locator pin to be made from the same material or as a single unit; and 2) Hinson does not disclose locator pins made from a different material than the compression limiters. App. Br. 15- 16; Reb. Br. 10. Dorman’s arguments are misplaced. The Examiner does not find that claim 1 requires the compression limiting device and locator pin to be made from the same material or as a single unit. Contrary to Dorman’s argument, Hinson describes that the locator pins (i.e., grommets [50]) and compression limiter devices [40], [42] are made from plastic and metal respectively. FFs 4-6. It is on the basis of Hinson’s description that the Examiner challenges Dorman’s own assertion that it would only involve routine skill in the art to combine Hinson’s separate locator pin and compression limiter into a single unit. Req. Reexam. 22-23; App Br. 17. Dorman also argues that the ‘235 Patent device is configured as a replacement for known prior art gaskets used with GM engines and that the particular location of the locator pin on the ‘235 Patent gasket is dictated by the prior art GM engine. App. Br. 19-20, citing Federal-Mogul's Brief in Support of Motion for Preliminary Injunction at 1-2, 6, 13; Kimpel Decl. at ¶¶ 15-17. Dorman further asserts that: 1) Hinson teaches that the Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 14 compression limiters [42] must surround the bolt apertures [26]; and 2) the location of bolt apertures [26] are a design constraint based on the intended engine. Reb. Br. 10, citing Hinson col. 3, ll. 16-17. Dorman concludes that it would have been obvious to one with ordinary skill in the art and with knowledge of Hinson’s disclosure, to modify Hinson’s compression limiters to include the locator pin when designing a gasket for a GM series 3100 or 3400 engine based on the engine design constraints. Reb. Br. 10. Dorman’s arguments are unpersuasive as they narrowly focus on the engine design constraints requiring certain locations of the locator pins and bolts holes. Dorman’s arguments do not address whether the engine design constraints require certain locations for both the compression limiters and the locator pins, i.e., at the same location or at adjacent locations. Claim 1 requires the locator pin to extend from a surface of the compression limiting device. We agree that the locations of the engine bolts will dictate the locations of the gasket bolt holes and some of the gasket compression limiters (see FF 5) and that the location of engine receiving cavities will dictate the location of corresponding gasket locator pins. However, Dorman does not assert nor direct us to objective evidence to demonstrate that the prior art GM engine design constraints would require a locator pin to necessarily extend from a surface of a compression limiting device. Nor has Dorman directed us to objective evidence to demonstrate that combining Hinson’s compression limiter and locator pin into a single unit would have been obvious. Obviousness “cannot be sustained by mere conclusory statements; instead there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.” In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006) (quoted in KSR Int’l Co. v. Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 15 Teleflex Inc., 550 U.S. 398, 418 (2007). Dorman does not provide a sufficient articulated reason and/or rational underpinning to support its conclusion of obviousness. It remains unclear why one with ordinary skill in the art would modify Hinson’s locator pin (i.e., grommet [50]) to extend from a surface of the compression limiter [40], [42], based on Hinson’s teaching that compression limiters [40] surround gasket bolt holes [26] (FF 5) and the prior art GM engine design dictating the locations of the gasket bolt holes and locator pins. For all these reasons, we sustain the Examiner’s refusal to reject the claims as obvious over Hinson as proposed by Dorman. Proposed rejection of claims 1-2 as obvious over GM and Hinson and as obvious over GM and Ang On the basis of the photographs in Exhibit L, Dorman and the Examiner “agree[] that the GM Gasket includes a compression limiting device and a locator pin within the context of claim 1”. Req. Reexam. 15, 18, 25-27; ACP 2-3; App. Br. 20-24; Reb. Br. 11. Hinson and Ang are relied upon for describing a compression limiting device that is either formed separately from the carrier frame or formed separately and molded to the carrier frame. FFs 4-11; App. Br. 21-25; Reb. Br. 11-12. Dorman concludes that it would have been obvious to one with ordinary skill to make or modify the GM Gasket compression limiting device and pin in accordance with the compression limiter of either Hinson or Ang. Req. Reexam. 26-27; App. Br. 23-24; Reb. Br 11-12. Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 16 The Examiner and Dorman do not rely on the disclosure of the GM Gasket from HRM 38010 or HRM 380268. For the same reasons explained before, it is not readily apparent how Figure 9.4 of HRM 38010, for example, shows a gasket with a compression limiting device comprising a locator pin as claimed. Neither Dorman nor Kimpel sufficiently explain how either HRM 38010 or HRM 38026 describe the claimed features. Neither Hinson nor Ang describe a locator pin extending from a surface of a compression limiting device and therefore neither reference remedies the deficiencies of the GM Gasket. For all these reasons, we sustain the Examiner’s refusal to reject the claims as obvious over the GM Gasket and Hinson and as obvious over the GM Gasket and Ang as proposed by Dorman. Proposed rejection of claims 1-2 as obvious over Combet and Hinson Dorman argues that the Examiner improperly determined that Combet was not presented in a new light and therefore improperly determined that Combet and Hinson do not raise a substantial new question of patentability. App. Br. 25-26, citing Order Granting the Request for Inter Partes Reexamination. We will not consider Dorman’s arguments in this regard because the determination of whether a reference or combination of references raises a substantial new question of patentability is final and non- appealable in inter partes reexamination proceedings. 35 U.S.C. § 312(c); 75 Fed. Reg. 36357-58 (June 25, 2010). 8 The Examiner also relies upon photographs of a later generation GM Gasket submitted by Federal Mogul after the Appeal was filed. Ans. 9, 16; Respondent Br. 11-13, Ex. 4. The photographs are not prior art and are untimely according to 37 C.F.R. §§ 41.68(b)(1)(viii), 41.63(c). Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 17 DECISION We AFFIRM the Examiner’s refusal to reject claim 1 under 35 U.S.C. § 102(b) as anticipated by the GM Gasket. We AFFIRM the Examiner’s refusal to reject claims 1-2 under 35 U.S.C. § 103(a) as unpatentable over Hinson. We AFFIRM the Examiner’s refusal to reject claims 1-2 under 35 U.S.C. § 103(a) as unpatentable over the GM Gasket and Hinson. We AFFIRM the Examiner’s refusal to reject claims 1-2 under 35 U.S.C. § 103(a) as unpatentable over the GM Gasket and Ang. The Examiner’s determination that Combet in light of Hinson does not raise a substantial new question of patentability is final and not subject to appeal. ORDER AFFIRMED TIME PERIOD FOR RESPONSE Requests for extensions of time in this ex parte reexamination proceeding are governed by 37 C.F.R. § 1.550(c). See 37 C.F.R. § 41.50(f). Appeal 2010-010433 Reexamination Control 95/000,429 Patent 7,306,235 18 Volpe and Koenig, P.C. 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