Appeal No. 2003-0275 Page 11
Application No. 09/550,032
Ascertainment of the differences
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Bodie and claim 1, it is our opinion that the
only difference is the limitation that the retarding system include at least one magnet
mounted to the axle shaft for rotation with the axle shaft and an inductor held fixed
independently from the magnet, the retarding system for producing a retarding force as
the magnet rotates with respect to the inductor to slow the rotation of the wheels when
the actuator moves the brake members to the actuated position.
Based on our analysis and review of Bodie and claim 11, it is our opinion that the
differences include (1) an axle having a housing extending between a pair of wheels
and including an axle shaft rotatably supported with respect to the housing for driving
the wheels; (2) a driveshaft extending between an engine and the axle for providing
input to the axle shaft to drive the vehicle wheels; and (3) a retarding system including
at least one magnet supported for rotation with the axle shaft anal an inductor mounted
to the housing, the retarding system for producing a retarding force as the magnet
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