Appeal No. 2002-1145 Page 2
Application No. 09/335,471
BACKGROUND
The appellant's invention relates to a jig for use in assembling a toroidal
continuously variable transmission (specification, p. 1). A copy of the claims under
appeal is set forth in the appendix to the appellant's brief.
Claim 12 stands rejected under 35 U.S.C. § 103 as being unpatentable over the
appellant's admitted prior art1 (AAPA) in view of Kellogg2.
Claim 13 stands rejected under 35 U.S.C. § 103 as being unpatentable over the
AAPA in view of Kellogg as applied to claim 12, in further view of Picot3.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the final
rejection (Paper No. 15, mailed July 11, 2001) and the answer (Paper No. 18, mailed
October 31, 2001) for the examiner's complete reasoning in support of the rejections,
1 The admission of prior art is set forth in the Background of the Invention section found on page 1
of the specification. The examiner incorrectly declared (answer, p. 3) that admitted prior art was found on
page 2 of the specification. Page 2 of the specification sets forth the Summary of the Invention, not
admitted prior art. However, at the hearing, the appellant acknowledged that the admitted prior art
included a stepped shaft with a male screw formed on the small diameter part thereof on which a nut is
placed.
2 U.S. Patent No. 162,077 issued April 13, 1875.
3 U.S. Design Patent No. 201,401 issued June 15, 1965.
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