Appeal 2007-1670
Application 10/102,565
Independent claim 10 recites a door panel assembly including an alignment
feature, where “the alignment feature includes fingers on the drive mechanism for
engagement with an inner periphery of a housing portion of the cable drum
housing.” The Examiner points to Figures 5 and 7 of Dobson for a disclosure of
the claimed fingers (Answer 4). Dobson discloses, with reference to Figure 5, a
drum assembly (24) retained to the door panel (18) by a plurality of fingers (58)
(Finding of Fact 7). Dobson discloses that “[t]he fingers 58 are spaced about the
opening 50 in the panel 18” (Finding of Fact 8). Dobson shows a similar
configuration of fingers (58) disposed on door panel (18) in Figure 7 (Finding of
Fact 9). As such, we do not see how Figures 5 and 7 of Dobson support the
Examiner’s finding that Dobson discloses “fingers on the drive mechanism,” and
thus we cannot sustain the Examiner’s rejection of claim 10. As for the
Examiner’s rejection of dependent claim 12 as unpatentable over Dobson, the
Examiner has failed to present a prima facie case of obviousness of independent
claim 10, from which claim 12 depends. As such, we do not sustain the
Examiner’s rejection of claim 12.
Independent claim 35 recites a door panel assembly,
wherein the door panel has an opening for receiving the
cable drum housing, the opening shaped to receive the
cable drum housing when the cable drum housing is in a
first position and shaped to prevent the cable drum
housing from passing through the opening when the
cable drum housing is in a second position.
The Appellants argue that Dobson does not disclose the claimed “opening”
because the shapes of the opening (50) and the second mounting member (45)
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