Ex Parte Lumpkin - Page 2



         Appeal No. 2006-0954                                                       
         Application No. 10/316,444                                                 
              a bar clamp at one end of the housing configured for                  
         fastening the housing to a bicycle handle bar, the bar clamp               
         receiving the handle bar along a clamp axis;                               
              a piston train within the housing operatively associated              
         with a fluid cylinder for movement within the fluid cylinder from          
         a non-actuated position to a fully-actuated position by action of          
         a drive force on the piston train;                                         
              a handle pivotably connected to the housing about a pivot             
         axis in operative association with the piston train to impart the          
         drive force on the piston train, the handle having a select                
         length from the pivot axis to a distal end, the handle having a            
         finger receptacle configured to receive at least one finger of a           
         user defining an effective finger force point a first select               
         distance from the distal end of the handle for the at least one            
         finger received in the finger receptacle during master cylinder            
         acutuation;                                                                
              a select ideal finger actuation path for a finger of a user           
         received in the finger receptacle, the select ideal finger                 
         actuation path beginning at a start point at the effective finger          
         force point with the handle at an engagement point where the               
         handle begins to drive the piston train against operative fluid            
         resistance and extending along a line at a select angle relative           
         to the clump axis; and                                                     
              a pivotable connection between the handle and the housing,            
         the pivotable connection being located on the housing relative to          
         the clamp axis so that with the handle actuated by a force                 
         applied to the effective finger force point along the select               
         ideal finger actuation path a mechanical advantage to a user               
         resulting from the handle actuation does not diminish more than            
         3% as the handle is pivoted between the engagement point and a             
         fully actuation position.[ ]1                                                


                                   THE REFERENCES                                   
                                                                                   
         1 The examiner and the appellant should address on the record whether the appellant,
         in claims 1, 4-9 and 12-17, is claiming what the appellant regards as the invention in
         accord with 35 U.S.C. § 112, second paragraph.  The specification indicates that a
         select angle of at least 90° is needed to obtain the recited actuation chord angle and
                                         2                                          




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