Ex Parte Dick et al - Page 5




          Appeal No. 2003-0131                                                        
          Application 09/533,060                                                      


               In applying Mueller against independent claims 1 and 10 (see           
          page 3 in the answer), the examiner focuses on the sensor at 206            
          and finds that such is adjustably coupled via a threaded                    
          connection to a stamped cover pan.  The examiner concedes,                  
          however, that Mueller does not respond to the limitations in                
          claim 1, and the corresponding limitations in claim 10, requiring           
          the stamped cover pan to include a boss having a generally planar           
          mounting surface for aligning and mounting the sensor.  To                  
          overcome this admitted deficiency, the examiner looks to Hilker.            


               Hilker discloses a speed sensing differential axle assembly            
          10 comprising, inter alia, a carrier 12, a rotatable case 14, a             
          ring gear 20, an access cover plate 34, and a transducer 40                 
          mounted on the access cover plate for sensing the rotational                
          speed of the case.                                                          


               Finding that Hilker’s speed sensor 40 is mounted on a boss             
          on the access cover plate 34, the examiner concludes that it                
          would have been obvious in view of Hilker “to include a boss in             
          the pan of Mueller to provide a flat surface for aligning the               
          sensor, ensuring the accurate position of the sensor” (answer,              
          page 3).                                                                    
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