Ex parte ROSE et al. - Page 2




             Appeal No. 2001-1895                                                           Page 2               
             Application No. 09/235,180                                                                          


                                                BACKGROUND                                                       
                   The appellants’ invention relates to a method of synchronized shifting between a              
             plurality of gears.  An understanding of the invention can be derived from a reading of             
             claim 6, which appears in the appendix to the Brief.                                                
                   The prior art reference of record relied upon by the examiner in rejecting the                
             appealed claims is:                                                                                 
             Morscheck                        5,641,044                        Jun. 24, 1997                     
                   Claims 6 and 7 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                
             Morscheck.                                                                                          
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and the             
             appellants regarding the above-noted rejection, we make reference to the Answer (Paper              
             No. 19) and the final rejection (Paper No. 5) for the examiner's complete reasoning in              
             support of the rejection, and to the Brief (Paper No. 15) and Reply Brief (Paper No. 20) for        
             the appellants’ arguments thereagainst.                                                             
                                                   OPINION                                                       
                   In reaching our decision in this appeal, we have given careful consideration to the           
             appellants’ specification and claims, to the applied prior art reference, and to the                
             respective positions articulated by the appellants and the examiner.  As a consequence of           
             our review, we make the determinations which follow.                                                









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