Appeal No. 97-4079
Application No. 08/310,592
start-up exceeds the strength of the material used to make the
gears. Thus, the additional limitation recited in claim 5
would have been suggested by the Nadal teaching.
Claim 14 is dependent on claim 5 and defines the two
means as gears which are affixed to non-intersecting and non-
parallel shafts. Nadal shows an integral worm gear-shaft
arrangement and a gear having helical teeth mounted on axle
24. The axis of the worm gear-shaft arrangement and the axis
of axle 24 are non-intersecting and non-parallel. Thus, the
additional limitations recited in claim 14 would have been
suggested by Nadal.
CONCLUSION
This panel of the board has made the following
determinations:
affirmed the rejection of claims 1 and 4 under 35 U.S.C.
§ 103 as being unpatentable over Nadal in view of Kastelic;
and
reversed the rejection of claims 1 through 3, 5 and 14
under 35 U.S.C. § 103 as being unpatentable over Sahler in
view of Kastelic.
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