Appeal 2006-2853
Application 10/145,933
per revolution of the hub (Browning, col. 9, ll. 18-21). The number of crank
signals generated during 5 hub signals in Table 5 is calculated from the
formula: (5 * # of rear teeth/# of front teeth) * 8 (Browning, col. 9, ll. 28-
34).
The Examiner argues (Answer 4):
The limitations of the claims only requires [sic] a processor that
determines a shift value corresponding to a shift speed, which is
determined by multiplying the reference value by one of the first
number of teeth and the second number of teeth and dividing by the
other one of the first number of teeth and the second number of teeth.
The Browning reference meets the limitations of the claims because
the first number of teeth correspond to the rear number of teeth, and
the second number of teeth correspond to the front number of teeth.
The first and second sprockets in the body of the Appellant’s claim 1
are the sprockets in the preamble, i.e., a first sprocket having a first number
of teeth and the second sprocket having a second number of teeth. The shift
recited in that claim is from the first sprocket to the second sprocket. Such a
shift also is recited in the Appellant’s other independent claim (22). In
contrast, the front and rear teeth in Browning are teeth on, respectively, a
crank sprocket and rear wheel sprocket (fig. 1B). There is no shift from one
of those sprockets to the other. Thus, the Examiner’s argument that “[t]he
Browning reference meets the limitations of the claims because the first
number of teeth correspond to the rear number of teeth, and the second
number of teeth correspond to the front number of teeth” (Answer 4) is
incorrect.
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Last modified: September 9, 2013