Ex parte DAVID - Page 7




              Appeal No. 1999-1170                                                                 Page 7                 
              Application No. 08/801,872                                                                                  


              operation of the Figure 3 coupling for no apparent reason, which would operate as a                         
              disincentive to the artisan to make the proposed change.                                                    
                     Finally, we find no basis for concluding that the stated relationship between the                    
              magnitude of the design torque level of the drive coupling and the radial spring rate of the                
              elastomer component would have been an obvious matter of engineering design choice                          
              resulting from routine experimentation.  None of the applied prior art references voices a                  
              concern for the problem solved by the appellant’s invention, so there would appear to be                    
              no reason to experiment with radial spring rate in the first place, much less select the range              
              required by the claim after doing so.                                                                       
                     It is our opinion that the applied references fail to establish a prima facie case of                
              obviousness with regard to the subject matter recited in independent claim 1, and we will                   
              not sustain the rejection.  It follows the rejection of dependent claims 2, and 6-10 also is not            
              sustained.                                                                                                  
                     Independent claim 11 sets forth the invention in somewhat different terms, in that                   
              rather than relate the elastomer member to the coupling in terms of radial spring rate vs.                  
              magnitude of coupling design torque, it establishes the characteristics of the elastomer                    
              member in terms of precompressing it to a particular level to accomplish specific results.                  
              For essentially the same reasons as were expressed above with regard to claim 1, we                         
              conclude that a prima facie case of obviousness has not been established with regard to                     









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