Appeal No. 2003-0111 Page 7
Application No. 09/602,532
between the second reduced diameter portion 58 and the bracket apertures 20. With
the bearings 42 thus engaged with the bracket 14, further movement of the pedal 12
relative to the bracket 14 is limited to rotary motion about the axis of rotation 24. A link
pin 38 is subsequently connected to a clutch linkage 62.
We agree with the examiner (answer, p. 3) that Carr's pedal assembly 18 (i.e,
connecting mechanism 16 and pedal 12) is inherently removable from bracket 14 by
squeezing both of the chamfer ends of the bearings 42 inwardly to compress the spring
48 while pulling the pedal 12 in a direction normal to the axis of rotation 34.
Nevertheless, we agree with the appellant (brief, pp. 3-4; reply brief, p. 1) that the
mechanism clause of claim 4 is not found, either expressly or inherently described, in
Carr. While Carr's connecting mechanism 16 does rotationally support the pedal 12 on
the bracket 14 for movement in a plane about an axis of rotation 24 and for releasing
the pedal from rotational support provided by the bracket this is not accomplished in
response to a predetermined force applied to the pedal wherein the mechanism
includes first and second members having an inclined surface therebetween for moving
one of the members relative to the other along the axis of rotation in response to the
predetermined force applied to the pedal. In that regard, Carr's bearings 42 are
movable along the axis of rotation 24 in response to a predetermined force applied to
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