Ex parte FRANCIS - Page 11




          Appeal No. 2001-1343                                                        
          Application No. 08/965,818                                                  

               Of particular interest is the fluid switching embodiment               
          shown in Figure 4.  Although the reference numerals in Figure               
          4 do not match those used in the underlying description (see                
          column 4, line 57 et seq.), it is readily apparent that this                
          embodiment includes a low torque, fluid-driven rotary motor                 
          20, a high torque, fluid-driven motor 40, a first pair of                   
          flowlines for transmitting fluid between a source of                        
          pressurized fluid and the low torque motor, a second pair of                
          flowlines for transmitting fluid between the source of                      
          pressurized fluid and the high torque motor, and a valve                    
          member (referenced by numeral 65 in Figure 4) activated by                  
          fluid pressure for diverting fluid from the first pair of                   
          flowlines to the second pair of flowlines when there is a                   
          change in torque conditions to a preselected high-torque value              
          that defines the high torque condition, wherein fluid flow is               
          automatically diverted from the low torque motor to the high                
          torque motor by fluid pressure activation of the valve member               
          above the preselected high torque value.                                    
               The test for obviousness is not whether the features of a              
          secondary reference may be bodily incorporated into the                     
          structure of the primary reference; nor is it that the claimed              

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