Ex Parte BEAULIEU - Page 5



          Appeal No. 2001-2505                                                        
          Application No. 09/072,097                                                  

          (col. 3, lines 6 to 9).  Drive section 7 is actuated by motor 10 to         
          rotate the arm assemblies angularly (col. 4, lines 28 to 30).               
               The examiner concludes:                                                
               Note pulley 23 in Uehara is fixedly stationarily                       
               connected with housing 7 and when motor 10 of Uehara is                
               not being actuated Uehara’s device meets the instant                   
               claims.  Moreover it would have been obvious to delete                 
               motor 10 and its associated drive structure if desiring                
               not to rotate the device.  In summary the instant claims               
               are in essence drawn to a subcombination of Uehara.                    
               [answer at pages 2 to 3]                                               
               Appellants argue that Uehara does not disclose a pulley                
          fixedly connected to the housing of the drive section such that the         
          pulley is rotationally stationary.  We agree.                               
               The case 23 carrying pulleys 26, 27 is not fixedly stationary          
          connected to the housing of the drive section so that the pulley is         
          rotationally stationary as is recited in claim 1.  While it is true         
          that the case 23 carrying pulleys 26, 27 will be stationary if the          
          motor 10 is not actuated, that does not make the case carrying              
          pulleys 26, 22 a rotationally stationary pulley.  Rather, the case          
          carrying pulleys 26, 22 is a rotatable pulley that can be rendered          
          stationary if one desires to do so.  In addition, in our view the           
          housing or shaft 7 is not a rotationally stationary housing because         
          shaft 7 is clearly disclosed as a rotatable shaft (See col. 2,              
          lines 64 to 65).                                                            

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