Ex parte SHULTZ - Page 3




          Appeal No. 1999-0365                                                        
          Application 08/601,724                                                      


          Representative claim 1 is reproduced as follows:                            
               1. A transmission tester for testing vehicular                         
          transmissions, the transmission tester comprising:                          
          (a) a main frame;                                                           
          (b) a prime mover, for providing driving energy to a                        
          transmission to be tested;                                                  
          (c) a headstock plate adapted to receive thereon a                          
          transmission to be tested, said headstock plate being                       
          supported from said main frame by a support, said support                   
          being mounted for povitation about a first axis, to thereby                 
          pivot said headstock plate about said first axis; and                       
          (d) loading and braking apparatus, supported from said                      
          main frame, said loading and braking apparatus including a                  
          shaft journalled for rotation about a second axis                           
          substantially perpendicular to said first axis, and extending               
          generally toward said headstock plate, for engaging an output               
          shaft of the transmission to be tested, and for thereby                     
          applying braking energy to the transmission.                                
          The examiner relies on the following references:                            
          Weeder                        4,732,036          Mar. 22, 1988              
          Sano et al. (Sano)            5,144,834          Sep. 08, 1992              
          Kuwahara                      5,154,623          Oct. 13, 1992              
          The following rejections are on appeal before us:                           
          1. Claims 1-10, 13-18, 38-44, 47, 63 and 72-77 stand                        
          rejected under 35 U.S.C. § 103 as being unpatentable over the               
          teachings of Weeder taken alone.                                            
          2. Claims 11 and 12 stand rejected under 35 U.S.C. §                        
          103 as being unpatentable over the teachings of Weeder in view              
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