Ex Parte Loughrin et al - Page 5

              Appeal 2007-0422                                                                       
              Application 09/943,685                                                                 
              contact between stem 20 and insert 58 (Fig. 5) and transmitting torque to              
              driven member 38 without further compressing the elastomer (Ferguson, col.             
              3, l. 64 to col. 4, l. 2).  Even when “lost motion” occurs between the drive           
              member 10 and driven member 38 (Ferguson, col. 4, ll. 4-7), torque is                  
              transmitted from drive member 10 to driven member 38 through the                       
              elastomer pads 56; driven member 38 rotates with drive member 10, though               
              perhaps over a smaller rotation angle than drive member 10.  Ferguson’s                
              drive member 10 cannot rotate through any range of motion without                      
              transferring torque to driven member 38, either through elastomer pads 56              
              alone or through elastomer pads 56 and insert 58.                                      

                                            ANALYSIS                                                 
                    The Examiner concedes that Walters lacks a joint component of a                  
              universal joint being “rotatable through a specified range of free-motion              
              rotation without torque transmission,” as called for in claim 1 (FF2).                 
              Ferguson also lacks a joint component of a universal joint being “rotatable            
              through a specified range of free-motion rotation without torque                       
              transmission” (FF4) and thus cannot make up for the conceded deficiency of             
              Walters.                                                                               
                    The Examiner erred in finding that Ferguson teaches a joint                      
              component being rotatable through a specified range of free-motion without             
              torque transmission and consequently concluding that it would have been                
              obvious to provide such a feature on Walters (FF3).  The rejection of claim            
              1, and claims 2-11 depending from claim 1, cannot be sustained.                        




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