Ex Parte Tolinski et al - Page 4




                 Appeal No. 2004-2346                                                                                      Page 4                     
                 Application No. 09/876,519                                                                                                           


                 roof panel 12.  The movement of the roof panel 12 between open and closed positions                                                  
                 is powered by an electrical motor that drives an outer sprocket 66, via a gear reduction                                             
                 unit 64.  Two flexible drive cables 68, 70 drivingly engage opposite sides of sprocket 66.                                           
                 One end of cable 68 is attached to a drive link 43 that is rotatably attached to the hub of                                          
                 a forward support roller 36 of the forward roller assembly 32 of the roof panel 12 at the                                            
                 right side as viewed in Figure 7 and the opposite end portion of cable 68 slides in a                                                
                 channel 72 in the fixed rail 20 at the left side of the roof 18 as viewed in Figure 7.  Cable                                        
                 70 is attached to a drive link 43 that is rotatably attached to the hub of the forward                                               
                 support roller 36 of the moveable panel roller assembly at the left side as viewed in                                                
                 Figure 7 with its opposite end portion slidably received in a channel in the fixed rail at                                           
                 the right side of roof 18.  Consequently, the moveable roof panel 12 is pulled forward                                               
                 when the sprocket 66 is rotated clockwise and pushed rearward when the sprocket 66 is                                                
                 rotated counterclockwise.  Guide tabs 73, 74 are provided at sprocket 66 for cables 68,                                              
                 70, respectively.  According to Staser, “[o]ther guides may be provided as needed.”  As                                              
                 illustrated in Figure 7, the drive motor 62, gear reduction unit 64 and sprocket 66 are                                              
                 housed within an air dam 54.                                                                                                         
                          The examiner concedes that Staser lacks “a take-up tube supported by said                                                   
                 deflector and receiving a portion of said at least one drive element with said sunroof in                                            
                 said open position” as called for in claim 1.  To overcome this deficiency, the examiner                                             
                 relies on the teaching of Racine of a guide tube 90 (see Figure 5) included in the                                                   








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