Appeal No. 2001-0302
Application No. 08/635,614
clutches shown in the various drawing figures of Ito and states
(answer, page 7) that the rejection is based “primarily” on the
sprag clutch embodiment shown in Figures 24 and 28.
Notwithstanding the above, the examiner then takes the position
that Ito meets the structural requirements for the torque limiter
set forth in claim 1 because “[t]he first, tenth and other
embodiments of Ito et al[.] have respective torque limiters with
some common elements and/or functionally equivalent structural
features” (answer, page 7). However, regardless of which of
Ito’s clutches the examiner relies upon, the examiner’s
conclusion of anticipation is not well founded. In particular,
Ito does not disclose a torque limiter including a torque setting
element, wherein the torque setting member “is subject to
diametric deformation along the diametric direction as a result
of being fitted in between the outer circumference of the
steering shaft and the inner circumference of the gear” (emphasis
added) as called for in lines 9-11 of claim 1. Regarding the
diametric deformation setting called for in the last three
paragraphs of claim 1, the examiner further considers that this
claim requirement is an inherent characteristic of Ito. This
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