Ex parte ROSE et al. - Page 4




             Appeal No. 2001-1895                                                           Page 4               
             Application No. 09/235,180                                                                          


             patent does not explicitly explain that this is the case, and therefore step (d) of claim 6 is      
             not met and the reference does not anticipate the claimed subject matter.  We find                  
             ourselves in agreement with the examiner’s conclusion.  Our reasoning follows.                      
                   It is important to note that the extent of the argument raised by the appellants in           
             opposition to the examiner’s position is whether Morscheck begins synchronization of a              
             first gear before the shift collar has  engaged the small diameter surfaces of the pins             
             associated with a second gear and we, as did the examiner, have evaluated Morscheck                 
             on that basis.  The Morscheck method is explained in columns 6 and 7 and is illustrated in          
             Figures 7 through 10.  Figures 7 and 7a show the method at the point immediately after the          
             decoupling of the first gear from the shaft and prior to the coupling of the second gear            
             thereto.  At this point, shift collar 44 is in engagement with a large diameter surface of the      
             first pin and is moving to the left, as shown.  The shift collar also is in engagement with a       
             small diameter surface on the second pin.  Springs 114 and 124 appear not to be                     
             compressed at this point, for coupling member 32 is centered.  As the shift collar moves            
             further to the left it abuts ramp 98 and thereafter begins to move pin assembly 64                  
             leftwardly, compressing the spring and urging synchronizer cone 52 toward the inner cone            
             surface of cup member 60.  The shift collar subsequently ascends ramp 98 and abuts                  
             ramp 96, as is shown in Figure 8.  This sequence of events is explained in column 6,                
             beginning at line 43, in the following manner:                                                      









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