Ex Parte Bratek et al - Page 10



            Appeal 2007-1548                                                                                
            Application 10/702,346                                                                          
            press-fit arrangement of Ito would provide an improved joint between the pressure               
            sensor and the housing and provide resistance to such forces.                                   
                   One of ordinary skill in the art would have been able to replace the press-fit           
            between the housing and pressure port of Pepperling with the knurled press-fit                  
            arrangement of Ito using methods known in the art at the time the invention was                 
            made.  Moreover, each of the elements of Pepperling and Ito combined by the                     
            Examiner performs the same function when combined as it does in the prior art.                  
            Thus, such a combination would have yielded predictable results.  See Sakraida v.               
            Ag Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976).                                      
                   Third, the Appellants argue that the Pepperling sensor, as modified by the               
            teachings of Ito, would not function as intended, because the Ito reference aims to             
            produce a firmly-jointed structure, and the sensor assembly must be able to allow               
            some lateral movement to prevent mounting stress sensor error (Appeal Br. 11;                   
            Reply Br. 3).  The Appellants, however, have provided no evidence to support this               
            contention.  Pepperling describes that a press-fit attachment, in which the housing             
            deforms when the sensor assembly is press-fit into the opening in the housing, is               
            appropriate for use with its pressure sensor assembly (Finding of Fact 2).  Further,            
            Ito describes the joint structure achieved using its knurled press-fit arrangement as           
            “firmly jointed” (Finding of Fact 5), but Ito does not describe that its joint structure        
            prevents all lateral movement between the shaft and rotor.  As such, without                    
            evidence to support the Appellants’ contention that using the known press-fit                   
            arrangement of Ito for Pepperling’s press-fit attachment would not allow                        



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