Ex Parte Eshelman - Page 5




              Appeal No. 2005-0208                                                                 Page 5                
              Application No. 10/137,510                                                                                 



                     Moon teaches (column 2, lines 35-38) that torsion bar 11 (see Figure 2) is                          
              divided at its middle point into two portions having different diameters respectively.  That               
              is, front portion 15 of the torsion bar has a larger diameter, and rear portion 17 has a                   
              smaller diameter.                                                                                          


                     It is our determination that the claimed limitation "wherein said torsion bar                       
              includes a generally uniform cross-section along said lengths" (i.e., along both the first                 
              length between the first and second end portions of the torsion bar and the second                         
              length between the first end portion of the torsion bar and the contact arm) is not                        
              readable on Moon's torsion bar 11 which is divided at its middle point into a front portion                
              15 having a diameter larger than the rear portion 17.  In our view, this limitation clearly                
              requires that the cross-section along the first length between the first and second end                    
              portions of the torsion bar be generally uniform.  Since Moon's torsion bar 11 has two                     
              different cross-sections along its length between the first and second end portions of the                 
              torsion bar, Moon's torsion bar 11 does not have a generally uniform cross-section                         
              between the first and second end portions of the torsion bar.                                              


                     For the reasons set forth above all the limitations of claim 4 are not met by Moon.                 
              Accordingly, the decision of the examiner to reject claim 4 under 35 U.S.C. § 102(b) is                    
              reversed.                                                                                                  







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