Ex parte MARTIN et al. - Page 6




          Appeal No. 1998-2512                                       Page 6           
          Application No. 08/618,593                                                  


          drum rotatable about a second axis parallel to and spaced from              
          the first axis, a spring member coiled on the storage drum                  
          means and having a free end connected to the output drum, drive             
          means adjacent one side of the spring member for rotating the               
          output drum about the second axis, and control means laterally              
          aligned with said drive means.                                              
               Kuhar discloses a Venetian blind motor having a storage                
          drum means (20) and an output drum (10) that are rotatable on               
          first and second axes parallel to and spaced from one another,              
          and a spring member coiled on the storage drum means and                    
          attached to the output drum.  The control means (30) disclosed              
          by Kuhar is mounted coaxially with the storage drum means and               
          thus rotates about the same (the second) axis.  Kuhar fails to              
          disclose or teach drive means for rotating the output drum,                 
          much less a drive means adjacent one of the sides of the spring             
          member, as is required by the appellants’ claim 1.                          
               The examiner has taken the position that it would have                 
          been “an obvious matter of design choice” to one of ordinary                
          skill in the art to modify the Kuhar system so that it meets                
          the terms of the claim 1 et al. “based on factors such as                   
          preference, design criteria, space optimization, and costs,                 







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