Ex parte OTTEMANN - Page 15




          Appeal No. 97-2227                                                          
          Application 08/254,978                                                      


          disengaging said unidirectional drive means,” it would at                   
          first appear this unidirectional drive means corresponded to                
          ring gear 84.  However, line 2 of claim 9 has previously set                
          forth “rotatable drive means for providing . . . second gear”               
          and, to the extent that ring gear 84 can be considered to be a              
          “drive means,” it is a necessary part of the rotatable drive                
          means for providing second gear, rather than an entirely                    
          different element as the claim sets forth (compare, e.g.,                   
          claim 12 wherein the appellant has set forth (“means for                    
          engaging and disengaging said second gear drive train means”).              





               Moreover, independent claim 12 sets forth “common” drive               
          train means between the shaft and drum for providing third and              
          fourth gears.  We must point out, however, that while some                  
          elements of the drive train means for providing third and                   
          forth gears are “common” (e.g., elements 34, 36, 38, 40)                    
          others are not (e.g., elements 30, 32, 44, 46, 48, 50, 52).                 
          Thus, claim 12 does not accurately define the subject set                   
          forth therein in a technical sense.                                         
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Last modified: November 3, 2007