Ex parte PERMUT - Page 8




          Appeal No. 96-1183                                                          
          Application 08/102,858                                                      


          unsupported by the applied prior art.  We agree with appellant              
          that the examiner’s position is unsupported by the record in                
          this case.                                                                  
          The critical question in this case is whether it would                      
          have been obvious to implement the Christie motions using a                 
          rack and pinion system.  The examiner simply concludes that it              
          would have been obvious to the artisan to use a rack and                    
          pinion system to implement any desired motions such as those                
          of Christie.  Appellant argues that the only suggestion for                 
          obtaining the claimed translational and rotational movement                 
          out of a single rack and pinion system configured as claimed                
          comes from appellant’s own disclosure.  We are constrained to               
          agree with appellant on this record.                                        
          Neither Ikedo nor Rached suggests that a rack and pinion                    
          assembly can achieve the translation and rotation of a carrier              
          attached to the rack.  Ikedo teaches no rotation whatsoever,                
          and Rached merely teaches that linear and rotational forces                 
          can be converted to each other.  The examiner’s finding that                
          the artisan would even look to a rack and pinion assembly for               
          achieving the motion in Christie is based on the fact that                  
          appellant disclosed that a rack and pinion assembly could                   
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