Ex parte NAGANO - Page 14




          Appeal No. 96-2094                                                          
          Application 08/282,783                                                      


          inherently capable of functioning in the manner called for in               
          the claims because the reference cam surface is “similar to”                
          appellant’s guide cam likewise is not well taken.  The                      
          examiner has not set forth any evidence or sound technical                  
          reasoning to establish the reasonableness of his conclusion                 
          that the asserted characteristic will necessarily occur in the              
          operation of Leleu’s device and, in our opinion, the shape of               
          Leleu’s cam surfaces as                                                     


          illustrated in the drawings is such that the operation called               
          for in the claims will not occur.  Hence, we will not sustain               
          the examiner’s anticipation rejection of claims 2, 3 and 6-14               
          based on Leleu.                                                             
               Turning to the obviousness rejection of the appealed                   
          claims based on Leleu alone, we appreciate that Leleu                       
          discloses a control lever for controlling a cable actuated                  
          brake of a bicycle wherein guide cam surface 5c or 13b thereof              
          may be given a profile to achieve a relatively large                        
          displacement of the cable per unit rotation of the lever at                 
          the beginning of the lever’s stroke and a smaller displacement              
          of the cable per unit rotation of the lever at the end of the               
                                        -14-                                          





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