Ex parte IVERSON et al. - Page 9




          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             


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