Appeal No. 2001-0302
Application No. 08/635,614
limiter functions in the area of the diametric force/diametric
deformation curve (see Figure 6) set forth in the last three
paragraphs of claim 1.8
Upon careful consideration of the positions of the examiner
and appellants, it is our view that the ordinarily skilled
artisan, armed with the principles found in appellants’
disclosure9, would not have any difficulty determining the
necessary sizes for the outer circumference of the steering shaft
(3) and the inner circumference of the power assist gear (10)
needed in order to deform the torque setting member (51) as a
result of being fitted therebetween to bring about the sort of
diametric deformation of the torque setting member called for in
the last three paragraphs of claim 1 in order to achieve
appellants’ objectives and practice appellants’ invention. In
this regard, while we acknowledge that the skilled artisan might
8
8Also of interest in this regard is appellants’ discussion on
page 29-31 of the main brief of the graphs found in Milby and
Parker (respectively, examiner’s documents “U” and “V”) which
have been relied upon in a rejection of the appealed claims under
35 U.S.C. § 103.
9
9As we see it, the relevant portions of appellants’ specification
include those at page 23, line 14 through page 24, line 20; page
26, line 15 through page 27, line 23; page 28, line 21 through
page 30, line 6; especially when read in conjunction with
appellants’ drawing Figures 4 and 6.
11
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