Ex parte MARUI - Page 5




               Appeal No. 1997-3340                                                                           Page 5                 
               Application No. 08/323,500                                                                                            


               (39) and engaging hook (43).  Once the rear of the plate has cleared a chamfered surface (74)                         
               on the clamping hook (39), the clamping member is permitted to rotate back to its original                            
               position under the biasing force of a biasing spring (20).   Although not expressly illustrated or                    
               stated in appellant's specification, it is clear that the combination of contact by the front of the                  
               plate against the plate engaging member (42) and the camming effect of the angled surface (72)                        
               at the rear of the plate against the clamping hook (39) of the plate clamping member (38) causes                      
               the engaging member (42) and the clamping member (38) to rotate in opposite angular                                   
               directions to increase the distance between the clamping hook (39) and engaging hook (43) and                         
               that, after insertion, the force of the biasing spring (20) causes both the clamping member and                       
               the engaging member to rotate back to their neutral positions, once again in opposite angular                         
               directions about the axis of the pedal shaft (12).                                                                    
                       The examiner's position (final rejection, page 5) in rejecting claims 6-9 under 35 U.S.C.                     
               § 112, first paragraph, is that the limitation in claim 6, to the effect that the second pedal                        
               portion is "independently" rotatable relative to the first pedal portion, is imprecise because the                    
               first pedal portion (plate engaging unit 42, 44, 18) and second pedal portion (plate clamping                         
               unit 38, 40, 14, 16) are both mounted together to form a pedal and thus inherently rotate                             
               together.  This position is not well taken.  While the plate engaging unit and plate clamping unit                    
               are both mounted about the pedal shaft (12) for rotation thereabout, these units are mounted to                       
               each other via a spring bushing (22), biasing spring (20) and outer bushing (26) so as to permit                      









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