Ex Parte Rixon - Page 2




              Appeal No. 2003-0111                                                               Page 2                
              Application No. 09/602,532                                                                               


                                                   BACKGROUND                                                          
                     The appellant's invention relates to vehicle pedal assemblies of the type for                     
              controlling the brakes, clutch, and throttle (specification, p. 1).  A copy of dependent                 
              claims 5 to 8 is set forth in the appendix to the appellant's brief.  Claim 4 reads as                   
              follows:                                                                                                 
                            A pedal assembly for use in a vehicle comprising:                                          
                            a support;                                                                                 
                            a pedal arm;                                                                               
                            a mechanism rotationally supporting said pedal arm on said support for                     
                     movement in a plane about an axis of rotation and for releasing said pedal arm                    
                     from rotational support by said support in response to a predetermined force                      
                     applied to said pedal arm said mechanism includes first and second members                        
                     having an inclined surface therebetween for moving one of said members                            
                     relative to the other along said axis of rotation in response to said predetermined               
                     force.                                                                                            


                     Claims 4 to 8 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                     
              U.S. Patent No. 5,398,569 to Carr.                                                                       


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellant regarding the above-noted rejection, we make reference to the answer                       
              (Paper No. 13, mailed June 18, 2002) for the examiner's complete reasoning in support                    
              of the rejection, and to the brief (Paper No. 12, filed May 20, 2002) and reply brief                    
              (Paper No. 14, filed July 8, 2002) for the appellant's arguments thereagainst.                           








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