Ex Parte Rivin - Page 3



        Appeal No. 2006-0845                                  3                       
        Application No. 10/113,524                                                    

        second revised brief (filed July 19, 2005) for the arguments                  
        thereagainst.                                                                 

         OPINION                                                                      

        In reaching our decision in this appeal, we have given careful                
        consideration to appellant’s specification and claims, to the                 
        applied prior art, and to the respective positions articulated by             
        appellant and the examiner.  As a consequence of our review, we               
        have made the determination that the examiner’s above-noted                   
        rejection under 35 U.S.C. § 103(a) will not be sustained.  Our                
        reasons follow.                                                               

        The examiner’s position concerning the rejection of claims 1                  
        through 4 under 35 U.S.C. § 103(a) is set forth on pages 3-5 of the           
        answer.  Essentially, the examiner points out that the basic                  
        conventional wedge mechanism of AAPA Figure 1 is responsive to the            
        structural components set forth in claim 1 on appeal, except that             
        the AAPA does not describe, teach or suggest at least one of the              
        surface contacts between the wedge member (2) and the base member             
        (1) or the output member (3) “being maintained through a thin                 
        constant thickness shim... comprising at least one thin layer of              













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