Ex Parte AbuSamra et al - Page 3

               Appeal 2006-2712                                                                            
               Application 10/745,095                                                                      
                                                  ISSUE                                                    
                      The issue is whether the Appellants has shown that the Examiner                      
               erred in finding that Markyvech discloses a device that provides for                        
               adjustment of the engine rotational speed at which the pressure plate moves                 
               to a clamped position.                                                                      

                                          FINDINGS OF FACT                                                 
                      Appellant invented a normally open clutch assembly having a front                    
               plate 26.  Radial movement of the front plate 26 changes the position of a                  
               transition point 36 and thereby the axial position of the front plate in the                
               clamped position (Figures 2 and 3).  This change in the axial position of the               
               front plate in the clamped position changes the rotational speed at which the               
               clutch assembly begins transmitting torque to the output shaft 14                           
               (Specification:0020).                                                                       
                      Claim 1 recites that the front plate is movable to adjust a rotational               
               speed at which said pressure plate moves to said clamped position.                          
                      Markyvech discloses a normally open clutch assembly including a                      
               front plate 125 and a back plate 128 (Figure 7).  The front plate 125 may be                
               adjusted by the addition of an adjustment mechanism 125A.  Markyvech                        
               discloses that the front plate 125 may be moved axially to accommodate for                  
               wear or the like (0078).  When the front plate 125 is moved to accommodate                  
               for wear, the rotational speed at which the pressure plate clamps the disk is               
               adjusted when compared with the rotational speed at which the pressure                      
               plate would have clamped the disk were the front plate 125 not moved by                     
               adjustment mechanism 125A.  In addition, the front plate 125 is movable,                    
               absent wear, in an axial direction and such movement would adjust the                       

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