Appeal No. 1999-0628 Page 7
Application No. 08/806,503
Pursuant to 37 CFR § 1.196(e), we remand the application to the examiner to consider
the patentability of the claims in view of the teachings of Arbus in view of other prior art, such
as Benson, for example. Arbus discloses a manual transmission housing with an output shaft
(29) having a set of splines formed on the tailshaft portion (30) thereof which is completely
external of the housing. Given our interpretation, supra, of the limitation "an output shaft
having only one set of splines adapted to connect with a yoke and formed on the end thereof,"
the additional splines (29b or 29e, for example) on the shaft (29) would not appear to be
precluded by this limitation of the claims. With regard to at least independent claims 1 and 9,
for example, Arbus appears to disclose the invention as claimed with the exception of a seal
mounted to the housing, external to the exit bearing, contacting a journal surface of the shaft.
It appears to us that Benson, for example, which discloses a transmission housing having a shaft
extending outwardly from an opening of the housing, with the opening being provided with a
seal and a bearing interior of the seal contacting a journal surface of the shaft and with the shaft
being provided with a set of splines completely exterior of the housing or casing for mounting a
yoke, would have suggested providing a seal at the exit end of the Arbus housing to maintain
lubricant within the transmission housing. The examiner may also be aware of other prior art
containing similar teachings. The application is remanded to the examiner to consider the
patentability of the claims over Arbus in view of Benson or such other prior art references.
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