Appeal No. 2002-1589
Application 09/280,180
Like appellant, we note that the embodiment of the gear
display device (80) seen in Figures 10-14 of Kund includes an
actuator rack (89) for moving the movable gear indicator (97) and
that the patentee describes the actuator rack (col. 4, lines 30-
38) as being attached “directly to the shift cable” (11a) via a
clamp (91) and screw (90). There is no disclosure in the Kund
patent with regard to Figures 10-14 of a shift (control) cable
having a cable end protuberance or of any structure of the gear
indicating apparatus therein which is designed to receive and
cooperate with a cable end protuberance. The examiner’s theory
that the clamp (91) of Kund corresponds to appellant’s claimed
cable terminating structure and has a first detenting structure
(labeled in Fig. 14 of Kund by the examiner as FDS) that is
capable of receiving a cable end protuberance, perhaps in the
form of a flat head, is unsupported by any disclosure in the Kund
patent and appears to be based on total speculation.
Similarly, the examiner’s contention that Kund Figures 10-14
discloses a resilient portion (labeled by the examiner as RP in
Fig. 13 of Kund) for deflecting in response to a pulling force
applied to the cable terminating structure by the cable end
protuberance so as to release the cable end protuberance from the
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