LOUIS et al. V. OKADA et al. - Page 3




             Interference No. 104,311                                                                                       
             Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.                                                                 

                     6. For efficiency purposes, the parties requested and the administrative patent judge                  
             approved that the parties would submit exhibits sufficient in number for only one interference                 
             and that papers in all related interferences would make reference to the same set of exhibits.                 
                     7. In this interference, the sole count is stated in the Notice Declaring Interference                 
             (Paper No. 1) as Sauer's claim I or Kanzaki's claim 7.                                                         
                     8. Sauer's claim I reads as follows:                                                                   
                    An axle driving apparatus comprising:                                                                   

                           a housing;                                                                                       

                           a hydrostatic transmission in said housing;                                                      
                           said hydrostatic transmission separate from said housing and mounted                             
                    within said housing;                                                                                    
                           axle shafts extending from said housing;                                                         
                           said housing being defined by at least two separable housing elements of                         
                    said axle driving apparatus, wherein said two elements are separable at a                               
                   horizontal parting plane;                                                                                

                           means on said hydrostatic transmission for fastening the hydrostatic                             
                   transmission to one of said separable elements within said housing;                                      
                           said hydrostatic transmission including cylinder blocks having their axes                        
                   of rotation generally normal to each other.                                                              
                    9. Sauer has been accorded the benefit of the earlier filing dates of applications                      
            07/706,279; 07/482,656; and 07/319,164. The earliest of such filing dates is March 3, 1989.                     




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