Ex parte FETCHKO et al. - Page 7




          Appeal No. 2001-0783                                                        
          Application 09/012,796                                                      



          misalignment which a ball joint provides.  For claim 3, note                
          bracket 33 of Kuroi.                                                        
                    The examiner also states that Kuroi anticipates                   
          claim 5 on appeal.  As explained by the examiner, the claim                 
          does not require that a pivotable connection exist between the              
          tiller and the tie bar on two perpendicular axes, but merely                
          that the tie bar is pivotable about these two perpendicular                 
          axes.  The tie  bar 23, 36 of Kuroi is pivotable about axis                 
          38, the propulsion unit tilt axis, as well as the pivotable                 
          joint connecting it to tiller 17.                                           
                    Claims 6 and 7 have not been separately argued.                   
          They fall with claim 1.                                                     
                    Claims 8 and 9 require the tie bar 23, 36 of Kuroi                
          to have an axially rotatable connection.  Connection 36a is a               
          threaded connection wherein the nut is axial (actually                      
          helically) rotatable.  The tie rod also is pivotable on                     
          bracket 33.  Appellants argue that the rotatable connection                 
          must be with reference to the long axis of the tie rod, not                 
          axial to the tie rod end.                                                   



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