Appeal No. 97-2227
Application 08/254,978
With respect to Claims 1 and 12, lines 6 and 7,
respectively, it is unclear as to what constitutes
an independent second drive train means. In other
words, how can the second drive train means be
“independent” when it shares the same drive shaft
(10) with the first drive train means. In this
case, the second drive train means is not truly
“independent” since the first drive train means and
the second drive train means depend on the main
shaft.
Further, claims 1-9, 12 and 13, are vague and
indefinite. It is not clear as to what elements the
“means” of the first drive train and the second
drive train encompasses.
With respect to Claim 13, it is unclear whether
or not the winch shifts through the claimed sequence
because of the use of “can.” [Answer, page 7.]
In support of this position the supplemental answer
states
that:
Page 9 of the specification as well as instant
figure 2 discloses members 66 and 68 and secondary
shaft 54 which is located between the drive shaft 10
and drum 12. The secondary shaft 54 is clearly in
the drive train of both first and second gear ratios
and members 66 and 68 are needed to disengage the
first gear ratio and engage either the second or
third gear ratio. In other words, to engage the
first and second gear ratios, a common shaft is
used, namely secondary shaft 54. [Page 2.]
We do not agree with the examiner’s position. The
purpose of the second paragraph of Section 112 is to basically
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007