Appeal No. 97-2227
Application 08/254,978
the reply brief:
The drive trains are the gearing between the drive
shaft [i.e. collectively shafts 10 and 54 which are
splined together] and the drum. The shaft and the
drum are both “common” elements in that they are
engaged with the two drive trains. The drive shaft
and drum are recited as separate elements in the
claims. The drive trains are recited as being
between the drive shaft and the drum. Thus, the
drive trains are separate and independent in the
sense that they are capable of separate and inde-
pendent operation between the shaft and the drum. .
. . The shaft does not form a part of the drive
trains as claimed.
With respect to the examiner’s contention that it is not
clear as to what elements the first and second drive train
“means” encompass, consistent with the appellant’s
specification the artisan would understand the first drive
train means to encompass elements 30, 32, 34, 36, 38, 40, 44,
46, 48, 50 and 52 and the second drive train means to
encompass elements 80, 82, 84 and 86.
As to the examiner’s contention that the word “can” in
the recitation in claim 13 that “said winch can shift
automatically through the sequence of first, third and6
6It is readily apparent that the appellant and, indeed the reference
Atfield (see, e.g., column 6, lines 47-53), have used the term “automatically”
in other than its normal sense. That is, it is used in the sense that, once a
given gear ratio has been selected (e.g., by depressing button 64 or moving
8
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Last modified: November 3, 2007