Ex parte BRISSETTE et al. - Page 8




          Appeal No. 1999-1499                                                        
          Application No. 08/764,736                                                  


               logic and common sense fairly suggests that the                        
               finger of Dutkiewicz et al transmits rotation as                       
               required by the claims.                                                


               In support thereof, the examiner refers to Dutkiewicz                  
          (column 5, lines 32-35) wherein it states:                                  
               An upstanding locating tang 20c is formed on each of                   
               the arm portions 20a to assist in properly locating                    
               the bearing cups 13 and the cross 12 during assembly                   
               into the yoke 20 (emphasis ours).                                      


               We find the examiner's arguments to be unpersuasive.  In               
          that regard, while we fully appreciate the examiner's                       
          evaluation of the applied patents, and have ourselves                       
          considered such references with an eye towards the level of                 
          skill that is presumed on the part of those practicing in the               
          art at issue, it is clear to us that finger 20c, by virtue of               
          its reception into apertures 10e of Dutkiewicz's retainer 10                
          merely locates bearing cups 13 and cross 12 during assembly                 
          into yoke 20.  Unlike the examiner, we are not of the view                  
          that the finger of Dutkiewicz transmits rotation from the yoke              
          to the bearings.  Furthermore, we see no teaching or                        
          motivation in the teachings of the applied prior art that                   

                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007