Appeal No. 98-2005 Application No. 08/571,156 It will be appreciated from the above that when the wiper spindle is in a middle position, the gap of the part-pinion, too, will assume a middle position. In respect to the latter, the pair of stop members are positioned symmetrically. While the examiner urges that it would have been obvious to one having ordinary skill in the art to modify the transfer case transmission apparatus of the Admitted Prior Art, or Aoki, by using the spring element of Buhl et al. in order to ensure that the inversion of motion does not take place all of a sudden but in a cushioned manner, it is our opinion, after careful consideration of the collective teachings of the applied prior art, that there is no fair teaching, suggestion or motivation in the prior art relied upon by the examiner which would have led one of ordinary skill in the art to the particular combination as urged by the examiner. In this regard, we note that none of the references relied upon by the examiner provides a recognition of the problem to which the appellants have directed their inventive efforts. Both the Admitted Prior Art and Aoki are silent regarding any problem of the type identified by appellants (specification, page 2), and, as a result, are in no 9Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007